Phoenix bans homeless encampments near schools, day care, shelters: No sleeping or cooking

Homeless individuals will be banned from sleeping, cooking and camping near schools, day care centers, shelters and city parks in Phoenix starting Sept. 1.

The City Council expanded its urban camping ban on Wednesday in an 8-0 vote. Councilmember Betty Guardado was absent.

The approval means people cannot sleep, cook and camp at city property or within 500 feet of schools, day care centers, shelters and Phoenix parks if there is signage indicating the restriction. The city's previous ordinance applied only to city buildings, parks and parking lots — not schools, day care centers and shelters, and not within 500 feet of parks.

Wednesday's vote also softened the penalties for those who violate the ordinance, down-shifting from a class 1 to a class 3 misdemeanor and restricting the fine to a maximum of $100. Other penalties for the class 3 misdemeanor include jail time of up to 30 days and up to a year of unsupervised probation.

Phoenix police Cmdr. Brian Freudenthal said the city would continue to lead with services and use the ordinance as a last-resort enforcement mechanism.

In an hourlong discussion, City Council members stressed their intent was not to be punitive but rather to "get people housed," and to soothe parents who are concerned about their children's safety near homeless encampments.

"This is so no child must walk past a line of tents on their way to school or play on a playground with tents pressed up against their school fence. It's so our community members can feel safer going to our parks and so those who are receiving services have a higher chance of success by not being surrounded by those encampments," Councilmember Ann O'Brien said.

O'Brien, who represents the city's northwest end and spearheaded the new ordinance, said it would give the city more opportunities to persuade unhoused individuals to accept services and shelter.

Her office led the charge a year ago to establish Phoenix's "Community Court," which allows homeless individuals who commit minor crimes to participate in a rehabilitative program instead of traditional court sentencing.

"It's very important to me that we do not criminalize this population, that we ensure they get services, that folks are held accountable for their actions but are given a hand up," O'Brien said Wednesday.

Councilmember Laura Pastor approved the ordinance but expressed concern the city would struggle to enforce the ban or, if it could be enforced, that it would trigger a cycle for homeless individuals in the criminal justice system.

"I feel like we're putting something in the book to put something in the books and there's no true enforcement and (ability) to place people where they need to be placed," she said.

Public commenters spoke mostly against the ordinance, including Frank Urban, a formerly homeless individual who was part of a lawsuit the American Civil Liberties Union of Arizona filed against Phoenix related to encampment cleanups.

Urban stressed that unhoused individuals desperately need shelter that works for their custom situation. That may be a site with mental health services or one that accepts dogs, he said.

He shared his own story of homelessness and trying to rest in parks but repeatedly being told to get up and leave.

"When is this cycle going to stop?" he said. "We need better options."

The ordinance will take effect in roughly three months, which city officials said would give them time to educate the public about the changes. It also gives them time to evaluate the ordinance after the U.S. Supreme Court issues a ruling on the City of Grants Pass v. Johnson case.

The case asks if criminalizing homelessness when there is no other available shelter amounts to cruel and unusual punishment, in violation of the U.S. Constitution.

Phoenix's ongoing work to reduce homelessness

The ordinance's approval comes as Phoenix continues working to reduce homelessness that experts attribute to a shortage in affordable housing, especially ahead of the summer, which brings fatal consequences.

In November, the city opened a structured campground for people experiencing homelessness, called the Safe Outdoor Space. Later this summer, the city will open a sprawling 7-acre campus with shelter and homeless services at 71st Avenue and Van Buren Street.

In total, the city is expected to open 790 new permanent shelter beds this year.

A recent snapshot of homelessness in Maricopa County recorded 9,435 individuals experiencing homelessness on Jan. 23. The count represented a slight decrease in people experiencing homelessness compared with last year and a significant increase in the share of individuals who are sheltered versus non-sheltered.

City spokesperson Kristin Couturier said the improvement was "a direct result" of the city's "ongoing investment in creating new shelter beds and connecting people with services in Phoenix."

At the same time, the city is also expected to lose roughly 480 temporary shelter beds between now and fall, Couturier said.

"If all of the permanent projects stay on schedule, by the end of the year, we will have a net increase of 250 Phoenix-funded permanent beds," she said.

Help underway: Approving a court for people experiencing homelessness, Phoenix aims to reduce recidivism

Council members question how effective the new ordinance will be

As the city prepares to enforce its newly expanded camping ban, it must also tiptoe around legal complications and contend with court orders.

Deputy City Manager Gina Montes previously told council members that federal requirements prevent the city from enforcing its camping ban unless there are available shelter beds or alternative space.

The city enforces its existing ban "on some occasions," Montes said, but they are "very careful about it," to not violate its federal court order.

The requirements stem from the 9th U.S. Circuit Court of Appeals' 2018 case, Martin v. City of Boise. The court decided anti-camping bans were unconstitutional if cities enforced them without having adequate shelter space for the cited individuals.

Phoenix is currently under a court order to cease encampment cleanups if there are no public spaces or appropriate shelter available. The order came after the American Civil Liberties Union of Arizona sued the city in November 2022. The ACLU claimed officers were violating unsheltered individuals' civil rights and improperly taking their belongings.

It remains unclear with the passage of the ordinance how much, if any, public space exists where individuals experiencing homelessness can lawfully camp.

City officials said they could not immediately answer The Arizona Republic's question.

Office of Homeless Solutions Deputy Director Scott Hall said his team was "usually" able to provide shelter services to individuals who say they want it the same or next day, though he noted he was speaking for his team specifically and not general outreach.

When Councilmember Kesha Hodge Washington asked City Attorney Julie Kriegh if the ordinance complied with the city's court order, Kreigh repeated language from the injunction and said "staff is very well aware" of it and the proper procedures.

How to help: Phoenix homeless shelter campus needs water bottles and more

Taylor Seely covers Phoenix for The Arizona Republic / azcentral.com. Reach her at [email protected] or by phone at 480-476-6116.

This article originally appeared on Arizona Republic: Phoenix bans homeless encampments near schools, day care, parks