Appeals court upholds injunction against city of Phoenix in Zone homeless encampment case

PHOENIX – An Arizona court on Tuesday upheld a permanent injunction that requires the city of Phoenix to prevent another homeless encampment from emerging in the area known as the Zone.

The Arizona Court Of Appeals ruling affirmed Maricopa County Superior Court Judge Scott A. Blaney’s decision last year to make the injunction permanent. The order requires the city to keep the infamous area west of downtown from becoming a “public nuisance” again.

The Goldwater Institute, a Phoenix-based think tank that supported the plaintiffs in the case, was pleased with the outcome.

“The decision shows us that the government is required to enforce the law evenhandedly to protect taxpayers whose rights are being imperiled when city officials decide to ignore their law enforcement responsibilities,” Goldwater Institute spokesman Joe Setyon told KTAR News 92.3 FM on Wednesday.

In a statement to KTAR News, the city said it remains committed to keeping the Zone area clear of encampments, regardless of the court order.

“The Office of Homeless Solutions (OHS) and its partners frequently conduct proactive outreach in the area to ensure that individuals are quickly connected with appropriate resources. Signs are also posted in the area alerting the community that camping is no longer permitted. OHS collaborates with Phoenix Police to enforce the closure when needed,” the statement said.

What was the Phoenix Zone homeless encampment?

The Zone was the name used to describe the tent city that overtook about 15 blocks around what was formerly known as the Human Services Campus at 12th Avenue and Madison Street, a few blocks southeast of the Arizona Capitol complex. The campus, now known as Keys to Change, is a collaboration of partner organizations that provide services to people experiencing homelessness.

Much of Phoenix’s unsheltered population was concentrated in the area, and the city was accused of ignoring its responsibility to maintain the property and enforce laws there.

Neighborhood residents and businesses, with support from the Goldwater Institute, sued the city for ignoring its responsibilities and allowing the area to become a danger zone. Blaney sided with the plaintiffs and ordered the city to clean up the Zone in March 2023.

Under what initially was a temporary injunction, the city and its partners started clearing out the area May 10, covering one block at a time every few weeks. The work was completed Nov. 1, three days ahead of a court-ordered deadline. The city found shelter for nearly 600 people during the process.

What did appeals court say about the case?

Meanwhile, city officials kept fighting the injunction in court.

“The fact that Phoenix leaders had to appeal this, it shows they can’t be depended on to follow existing laws,” Setyon said.

In its appeal, the city argued that it shouldn’t be responsible for a public nuisance created by third-party actions.

The three-member appeals court panel of Judges Samuel A. Thumma, Jennifer B. Campbell and Michael J. Brown disagreed with that position.

“To the extent the city presses this argument for property it owns and controls in the Zone, the argument fails. The city properly may be held responsible both for a public nuisance, and to abate a public nuisance, on land it owns and controls,” the appeals court ruling says.

Phoenix homelessness response goes beyond Zone cleanup

The number of people experiencing homelessness in the Valley has skyrocketed in recent years, in part due to a lack of affordable housing.

Maricopa County’s annual point-in-time census documented more than 9,000 people experiencing homelessness each of the last three years, up about 50% from 2018.

As part of its response, Phoenix has been working to increase shelter capacity. After adding more than 1,000 beds in 2022 and 2023, the city has expanded shelter space by 200 beds so far in 2024. Another 590 indoor beds are expected to open later this year and in 2025.

In its statement Wednesday, the city vowed to “continue working diligently to create sustainable solutions for our community as a whole.”

KTAR News 92.3 FM’s Shira Tanzer contributed to this report.

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