ARIZONA NEWS

Lawsuit accuses Phoenix of letting large homeless encampment get out of hand

Aug 22, 2022, 2:00 PM | Updated: Apr 27, 2023, 11:29 am

(Photos from lawsuit filed in Maricopa County Superior Court)...

(Photos from lawsuit filed in Maricopa County Superior Court)

(Photos from lawsuit filed in Maricopa County Superior Court)

PHOENIX – A group of Phoenix residents and business owners are hoping their lawsuit will force the city take action to curb a large homeless encampment they say is ruining their neighborhood.

“This is a humanitarian crisis, not just for the homeowners there, but for the unsheltered people, so something must be done,” Ilan Wurman, an attorney for the plaintiffs, told KTAR News 92.3 FM’s Arizona’s Morning News on Monday.

The Aug. 10 lawsuit argues that city policies created a public nuisance by concentrating a growing homeless population in an area known as “the Zone” and failing to take steps needed to maintain it.

“We’re not seeking for damages,” said Wurman, who is teaming with the firm of Tully Bailey on the case.

“We’re just trying to force the city’s hands so it actually does something about this crisis.”

The Zone, which is centered around the blocks south of Jefferson Street between Ninth and 13th avenues, is home to several facilities that provide services and shelter to people experiencing homelessness, including the Human Services Campus and Central Arizona Shelter Services.

Wurman says there are things city officials can do, including the creation and maintenance of structured campgrounds, to improve the area without cutting people off from access to those services.

“There are solutions that the city can take tomorrow … that would not create a public nuisance and that would be relatively inexpensive — for example, to create structured campgrounds on city lots where facilities are provided, a police presence is provided, the tents are spaced out and kept clean and orderly.”

The homeless population in Phoenix is far larger than the number of shelter beds available. As a result, the city is subject to a 9th U.S. Circuit Court of Appeals ruling that says camping on public property can’t be criminalized unless there are enough shelter beds available for anybody who wants one.

Wurman, an associate professor at Arizona State University’s law school, isn’t challenging the ruling, but he says the city has been using it “as an excuse to completely abdicate responsibility over the homelessness crisis.”

“Nothing in the 9th Circuit decision says just because you can’t send unsheltered persons to jail that you have to let them build tents on public sidewalks or on streets, that you stop enforcing laws against drug use, that you stop enforcing laws against public urination and public defecation,” he said.

When asked for a response to the lawsuit, the city released the following statement:

While we can’t speak on the specifics of pending litigation, the city of Phoenix is committed to addressing the needs of all residents and property owners as we work with local and regional partners to address the complex issues surrounding those experiencing homelessness. The city developed Strategies to Address Homelessness and in the last fiscal year dedicated nearly $50 million dollars on solutions including shelters, increased affordable housing and mental health services. You can read more specific information in the Phx Newsroom. The Phoenix City Council also recently approved $70.5 million in affordable housing and homelessness programs.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(AP File Photo)...

KTAR.com

Northbound lanes on Interstate 17 near Black Canyon City reopen after crash

A crash closed the northbound lanes of Interstate 17 near Black Canyon City. ADOT advised motorists to seek an alternate route.

4 hours ago

mugshot of Street after he turned himself in at the Casa Grande facility and image of teenage Haile...

KTAR.com

2 more people arrested in connection to Casa Grande teen’s death

Two more people, both juveniles, have been arrested in connection with the shooting death of a teenage girl on Nov. 26. 

5 hours ago

Police said that the teen admitted to detectives that he sent the bomb threat message. (Facebook Ph...

KTAR.com

Casa Grande teen arrested for allegedly sending bomb threat to Ottawa University in Surprise

A 17-year-old from Casa Grande was arrested Thursday after allegedly sending a bomb threat to Ottawa University's Arizona campus in Surprise.

7 hours ago

A man was taken into custody early Friday morning after threatening a rideshare driver with a gun. ...

KTAR.com

Ride-share customer arrested after allegedly pulling gun on driver in Glendale

A ride-share customer was arrested after allegedly pulling gun on a driver early Friday morning, according to Glendale police. 

7 hours ago

The Northern Ohio Violent Fugitive Task Force is offering up to a $1,500 reward for information lea...

KTAR.com

Ohio police searching for Goodyear man wanted in murder case

Authorities are searching for a Goodyear man who allegedly drove to Ohio to kill a woman last month. He is wanted for aggravated murder. 

10 hours ago

Four were arrested and vehicles were seized by authorities after detectives uncovered a criminal en...

KTAR.com

Crime syndicate busted for allegedly manipulating diesel fuel pumps across Valley

Four men were arrested this week for allegedly participating in a scheme that siphoned thousands of dollars' worth of diesel fuel from Valley gas stations.

15 hours ago

Sponsored Articles

...

Dierdre Woodruff

Interest rates may have peaked. Should you buy a CD, high-yield savings account, or a fixed annuity?

Interest rates are the highest they’ve been in decades, and it looks like the Fed has paused hikes. This may be the best time to lock in rates for long-term, low-risk financial products like fixed annuities.

...

Desert Institute for Spine Care

Desert Institute for Spine Care (DISC) wants to help Valley residents address back, neck issues through awake spine surgery

As the weather begins to change, those with back issues can no longer rely on the dry heat to aid their backs. That's where DISC comes in.

...

SCHWARTZ LASER EYE CENTER

Key dates for Arizona sports fans to look forward to this fall

Fall brings new beginnings in different ways for Arizona’s professional sports teams like the Cardinals and Coyotes.

Lawsuit accuses Phoenix of letting large homeless encampment get out of hand