The city of Phoenix is heading to court on July 10 to demonstrate its compliance with a court order to clear a sprawling homeless encampment known as "The Zone." The move has been met with opposition from civil rights advocates who argue that the city's actions are violating the rights of unhoused individuals.
In June, Maricopa County Superior Court Judge Scott Blaney ruled in favor of business owners and residents who complained about the tent city's presence. Judge Blaney declared the encampment a public nuisance and criticized the city for selectively enforcing laws, despite the health and safety risks posed by the camp. Plaintiffs recounted witnessing drug activity, lewd acts, and other criminal behavior near their properties.
Phoenix, like many other major cities, faces the challenge of striking a balance between addressing the concerns of employers and homeowners and respecting the rights of homeless individuals. The U.S. 9th Circuit Court of Appeals ruled in 2019 that criminalizing homelessness when no alternatives are available is unconstitutional.
The ongoing civil suit is one of two legal battles Phoenix is currently embroiled in. The American Civil Liberties Union (ACLU) of Arizona has filed a federal lawsuit arguing that the city's slow clearance of the encampment violates the constitutional rights of unhoused people.
U.S. District Court Judge G. Murray Snow, who presided over the federal case, declined the ACLU's request in May to hold Phoenix in contempt for allegedly disregarding his previous ruling issued in December. Judge Snow, however, did not prevent the city from carrying out further cleanups at the encampment site and scheduled another hearing to address the matter.
In the December ruling, Judge Snow instructed Phoenix not to enforce camping and sleeping bans against individuals who cannot secure shelter. The ruling also prohibited the seizure of their property.
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