Arizona homeless camps could feel impact of Supreme Court decision
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A homeless encampment in Phoenix. Photo: Gina Ferazzi/Los Angeles Times via Getty Images
A Supreme Court decision that effectively allows cities to enact restrictive laws targeting outdoor camping could shift homelessness policies across metro Phoenix.
Why it matters: Last Friday's decision, seen by some as one of the most consequential legal rulings on homelessness, opens the door for cities to pursue more stringent regulations against public camping.
The big picture: Unsheltered homelessness has spiked in metro Phoenix over the past several years, and cities have relied on a 2019 9th Circuit Court of Appeals ruling to shape their policies around encampment cleanups and removals.
- That ruling found it was unconstitutional and "cruel and unusual punishment" to arrest or cite someone for sleeping outside if there were no available shelter beds.
Driving the news: The latest decision from the Supreme Court reverses the lower court's ruling and comes as a blow to groups like the American Civil Liberties Union and National Homelessness Law Center, which have sought to establish protections for the growing number of homeless Americans.
What they're saying: "It's hard to think of a clearer example of excessive punishment than charging someone with a fine or even jail time for sleeping in public when there's no place else for them to go," ACLU of Arizona told 12 News.
Between the lines: In a statement to Arizona's Family, the city of Phoenix said it will "continue to lead with services and will not criminalize homelessness" as it evaluates how the ruling impacts its programs.
- Phoenix filed a brief in this case last year, saying the 2019 decision limited the city's ability to address health and safety issues in encampments, the Arizona Republic reported.
The other side: This "decision removes Arizona cities' excuse for failing to enforce the law amid a devastating homelessness crisis that has destroyed countless lives and livelihoods," the conservative Goldwater Institute said in a statement.
- The think tank supported the property owners who successfully sued the city of Phoenix for failing to abate public nuisances in homeless camps and forced the city to clear "The Zone" encampment near downtown.
What we're watching: The Goldwater Institute is pushing Proposition 312, which would require local governments to refund property taxes to Arizonans who incurred expenses because of homelessness issues on their properties.
- The state Legislature referred it to the ballot and voters will weigh in on Nov. 5.