New Phoenix homeless camping ban inches closer to approval. What to know

Phoenix is inching closer to a new ban on homeless encampments near schools, day cares and shelters, after the city's public safety subcommittee advanced the proposal to the full City Council for a vote.

The ordinance would prohibit camping within 500 feet of any school, childcare facility or shelter that has a sign posted notifying the ban. It would add to the city's existing ordinance that bans camping in parks, sidewalks, canals and alleys.

The subcommittee approved the expanded ban 3-1, which means the ordinance has one final hurdle to clear for it to become city law: a majority vote by the nine-member council. A spokesperson for Mayor Kate Gallego said she is generally supportive of the ordinance but wants to ensure local partners affected are included in the process and that the ordinance undergoes legal review.

Subcommittee councilmembers Ann O'Brien, Kevin Robinson and Jim Waring voted yes. Councilwoman Betty Guardado voted no.

The proposal comes as Phoenix tries desperately to get a grasp on rising homelessness that experts largely attribute to a shortage in affordable housing, especially ahead of the summer, which brings fatal consequences.

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City officials are working to make new shelter beds available while simultaneously trying to avoid making matters worse for residents who voiced concerns about homeless encampments.

At the same time, the city is tip-toeing around legal complications and cautiously working to comply with court orders.

O'Brien, who spearheaded the proposal, said the ordinance gives vulnerable populations a safe and clean environment they deserve to be able to learn and work on themselves. Waring, who has long criticized the city's policies as enabling homelessness, said it was "a good first step."

Councilwoman Guardado prodded Assistant City Attorney Luke Christian and Office of Homeless Solutions Director Rachel Milne on the legal hurdles the city could face in implementing the ban.

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Deputy City Manager Gina Montes told council members in previous meetings that federal court requirements prevent the city from enforcing camping bans 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 Ninth 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's existing camping ban is currently under a court order to cease encampment cleanups unless there is shelter availability. 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.

"Just to clarify, we're going to pass this policy, but if we don't have any beds available, then it's going to be impossible to enforce the 500-feet (ban). Is that correct?" Guardado said.

Christian said no, noting that the injunction allows the city to enforce bans if "alternative public space" is available, "not necessarily only shelter."

"So ... just get away from the 500 feet and they'd be able to camp there? Is that what we're saying?" Guardado asked.

"I believe that's correct," Christian answered.

Guardado, who is the mother of two young boys, said she sympathizes with families who say they cannot use the parks because of homelessness, but that she didn't view the new ban as a real solution.

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Shifting people around, "seems like that's what we like to do," Guardado said. "Instead of us sitting here pretending that we're doing something, we should actually do something that's going to have a real impact on the community. Not just moving the problem 500 feet."

She pointed to Homestead Park, in her district at 26th and Glendale avenues, which she said she had to work to lock gates and conduct outreach to neighbors.

Solutions like that, where you "start new neighborhood associations" were more effective at combatting the challenges, she suggested. She noted more beds spread throughout the city were also a better solution.

Guardado's comments echoed criticisms from other councilmembers, including Kesha Hodge Washington, that city staff inequitably saturates homeless shelters and services in certain areas.

Hodge Washington represents parts of downtown and south Phoenix, while Guardado represents west Phoenix. The districts are racially diverse and home to some of the city's lowest-income residents.

O'Brien did not directly respond to Guardado's criticisms about saturated shelter beds but noted the city has and will continue to add shelter beds, including 790 in the next year, and provide services to help people end chronic homelessness.

She pointed to the "Community Court" Phoenix launched in January at her behest. The court pivots from solely punitive responses toward a more rehabilitative approach, offering services such as shelter, substance abuse assistance and workforce training to people experiencing homelessness who commit minor crimes.

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: New homeless camping ban in Phoenix inches closer to approval