Arizona now prohibits health care providers from using an individual’s disability as a disqualification from an organ transplant. The sole exception would be in the case that a patient’s disability poses a medical problem when receiving an organ transplant, excluding that patient’s ability to comply independently with the procedure.
The legislation also requires health care facilities to accommodate their organ transplant-related services for disabled patients, such as communications and counseling. It included specific provisions for patients with hearing and visual impairments, as well as cognitive, neurological, developmental, or intellectual disabilities.
Comprehensive information on all organ transplant centers’ policies regarding patients with disabilities doesn’t exist — only studies exist. A 2019 study from the National Council of Disability, a federal agency, confirmed that to be the case, observing a lack of transparency and consistency concerning organ transplant policies. What’s more, the council reported that individuals with disabilities and their families actually face pressure to donate organs. One of the most comprehensive studies, conducted in 2008, estimated that 43 percent of organ transplant centers “always” or “usually” deny children with a neurodevelopmental disability, while about 39 percent “rarely” or “never” do.
One Arizona mother, Felicia (Josie) White testified to the House Health & Human Services Committee that she supported this bill because Phoenix Children’s Hospital policy didn’t confirm that they would approve her daughter for a heart transplant, due to her having Down Syndrome. The White family felt compelled to seek treatment across the country, 3,000 miles away, in Boston, Massachusetts.
“We know individuals with Down Syndrome live full and fruitful lives well into adulthood. If transplant centers can teach illiterate, non-English speaking parents to dose meds, there’s no reason someone with Down Syndrome could not be taught,” said White. “I understand that organ allocation is a limited resource, but I also know that labeling anyone with cognitive delays ‘unable to transplant’ is a slippery slope that could include everything from ADHD to who knows what.”
Another mother, Andrea Temarantz, shared that her son also has Down Syndrome and would be jeopardized if he needed an emergency organ transplant. Temarantz informed the legislators of the studies on organ transplant discrimination. She insisted that the federal Americans with Disabilities Act (ADA) already prohibited such discrimination, but that there weren’t any enforcement mechanisms to protect patients with disabilities from ADA violations in Arizona.
“Every life is precious, and no one should be blocked from a transplant because of stereotypes about persons with disabilities,” said Temarantz.
Governor Doug Ducey signed that anti-discrimination bill, HB2659, into law in March.
Every single life has value, and everyone deserves equal access to critical health care like organ transplants — H.B. 2659 will help us attain that for those with disabilities. @kaiser4azpic.twitter.com/EDgJQun9FK
One of the kingpins of Democratic dark money, 91-year-old George Soros (92 on Friday), lingers still behind the scenes of Arizona’s elections. His millions, traceable effectively wherever a Democratic candidate arises, may define the upcoming Maricopa County Attorney election. One of Soros’ main objectives is to grow his network of progressive prosecutors.
Soros made his mark in Arizona known through the 2016 elections. He was the primary financier of the Maricopa Strong PAC, spending over $2.3 million to defeat Maricopa County Sheriff Joe Arpaio (a success). Soros was also the primary financier of the Arizona Safety and Justice PAC, spending $1 million in the Maricopa County attorney’s race to defeat then-incumbent Bill Montgomery (a failure).
After 2016, Soros’ personal spending in criminal justice-related races appeared to cease entirely. The contentious 2020 election came and went without word of Soros’ millions flooding county races. Yet, Soros assured the country in an opinion piece for the Wall Street Journal last month that he remains committed to his goal of establishing liberal, reform-oriented prosecutors nationwide.
The idea that we need to choose between justice and safety is false. The agenda of reform-minded prosecutors is based on both common sense and evidence, and it helps to restore trust between the police and the policed. https://t.co/GBOwlrCkO9
Soros may have rejected the media attention for his direct financing, and opted to direct his funds through less overt channels: political action committees (PACs) entrusted to pass on the cash to his desired candidates.
Soros candidates are identifiable by the following criminal justice reform goals: bail abolition, reduced incarceration numbers, mental health response services (as opposed to police), diversion programs in lieu of trial, mental health and drug courts as alternatives to criminal courts,
Those who share a similar vision for criminal justice reform are Julie Gunnigle, Democratic candidate for Maricopa County Attorney, as well as Laura Conover, current Pima County Attorney.
Gunnigle pledged to expunge marijuana-related criminal records, reduce incarceration rates, end cash bail, oppose the death penalty, fight elongated sentences for gang and weapons-related charges, establish mental health response services, and avoid prosecution for abortion offenses. Gunnigle, who earned over 312,000 votes in the primary, faces off against incumbent Rachel Mitchell, who earned over 235,000 votes (beating Republican challenger Gina Godbehere, who earned over 175,000 votes).
What's on your ballot this election for Maricopa County Attorney?
🏥 Abortion rights ⚖️ Criminal legal reform 🌿 Universal and automatic expungements
Out of the latest PAC donations reported, Gunnigle received over $6,500 from Way to Lead Arizona. That PAC received $100,000 from Soros’ Democracy PAC last year, though it’s primarily funded by its national counterpart: Way to Lead PAC. That PAC has received millions combined from Soros, his family, or the organizations he either funds or founded, according to Federal Election Contribution (FEC) campaign finance records.
Gunnigle has denied that she benefited from Soros funding.
During her 2020 run for the county attorney’s office, Gunnigle received $12,900 from the Planned Parenthood Advocates of Arizona (PPAZ) PAC, nearly $10,900 from Arizona List PAC, and over $6,000 from Emily’s List PAC.
The SOS database reflects that PPAZ’s biggest donors are private individuals donating over tens of thousands of dollars each. However, PPAZ’s SOS profile doesn’t reflect their receipt of over $9,100 from Planned Parenthood Votes that year, who in turn received $2.5 million from September 2019 to August 2020 from Soros’ Democracy PAC according to FEC records.
Arizona List PAC received $2,500 from Arizona Wins that year, who received $350,000 from Soros’ Democracy PAC in June 2020. Arizona Wins has given tens of thousands to Arizona List since launching in 2008. Arizona List PAC has also received $6,000 every year, including this year, from Emily’s List PAC. Soros’ Democracy PAC gave Emily’s List a $1 million nonfederal contribution in early 2020.
Since 2020, the Soros-funded Emily’s List has given $525,000 to the Arizona Democratic Legislative Campaign Committee (ADLCC), a project of the Arizona Democratic Party co-founded by Secretary of State Katie Hobbs. This year so far, they’ve given $50,000 to the ADLCC.
Arizona Wins — who appears under several different profiles with variations of its name on the SOS database, such as “Arizona Wins!” and “Arizona Wins/One Arizona” — has received money from and sent money to Soros’ affiliated or founded organizations apart from Democracy PAC. This includes just under $100,000 given to Forward Majority Action Arizona, whose primary funder is its national arm, Forward Majority Action. Soros’ Sixteen Thirty Fund issued millions to Forward Majority Action throughout 2020, with an additional individual contribution of $200,000 from Soros’ eldest son, Robert.
Arizona Wins’ former program manager, Josselyn Berry, went on to become the executive director of a PAC that received $650,000 from Soros’ Democracy PAC in 2020: ProgressNow Arizona (sometimes listed as Progress Now Arizona). Berry, formerly the Arizona State Senate Democratic Caucus Communications Director, also serves as a staffer for the Arizona Democratic Party. Arizona Wins and Progress Now Arizona both listed the same address for campaign finance reports.
ProgressNow Arizona also received $25,000 from the Future Now Fund in 2020, whose Arizona arm has received thousands over the years from Soros’ daughter-in-law, Jennifer, and submitted about $509,800 to the Arizona Democratic Party in 2020.
Pima County’s attorney, Laura Conover, has pledged to advance criminal justice reform initiatives that align with Soros’ vision. Her campaign received funding from some of the same sources as Gunnigle.
Last December, Conover pledged to not charge individuals arrested for simple drug possession in order to avoid jail crowding. Most recently, Conover pledged to not give jail time to individuals who seek or assist with abortions. Among her goals: cease prosecutions for the “poor, sick, and addicted,” through efforts like abolishing cash bail and limiting deportations.
This here about sums it up. It's not that I would "like" to end cash bail. It's that I am going to go down to the jail every night and teach the prosecutors that work with me how to end cash bail until it is done. @EndCashBail@bailproject@LetsFreeAmericahttps://t.co/bzUVrXvSUC
In response to a constituent complaint on Facebook in 2020, Conover neither confirmed nor denied that she benefited from Soros funding.
“You may review my financials at your leisure. Bipartisan. Transparent. Sorry to disappoint,” wrote Conover’s campaign page.
According to the secretary of state’s (SOS) campaign finance records, the PPAZ PAC paid $12,900 to Conover’s campaign in July 2020. Conover’s campaign also received over $7,300 from the Arizona List PAC in 2020.
Soros’ money bleeds into other aspects of Arizona’s legal world. Incidentally, traces of his financial support touched the 2020 interests of newly-confirmed Ninth Circuit Court of Appeals judge: the accomplished, favorite Arizona attorney of the Democratic Party, Roopali Desai.
The funds benefited other left-wing criminal reform agendas in Arizona through Arizonans for Second Chances, Rehabilitation, And Public Safety: another PAC backed by Soros money, in addition to Big Tech’s Mark Zuckerberg. From June to September of 2020, the PAC received nearly $256,700 from the Alliance for Safety and Justice Action Fund, a project of Soros’ Tides Advocacy.
The PAC also received about $552,600 from Fwd.Us, Zuckerberg’s pro-immigration lobbying group co-founded with liberal megadonor Joe Green. Fwd.Us made headlines in late 2021 for bankrolling “farm teams” that produced at least five members of President Joe Biden’s immigration policy team.
From June to August 2020, the PAC paid out about $380,300 to the Coppersmith Brockelman law firm, where Desai has been a longtime partner. They also paid out over $3.3 million to AZ Petition Partners (dba Petition Partners): a signature-collecting company charged in November 2020 by the Arizona Attorney General’s office for illegal bonus programs. Desai is serving as one of the attorneys for the company’s appeal case.
That company also received $1.25 million from “Smart And Safe Arizona,” the PAC behind the eponymous ballot initiative, Prop 207, which successfully legalized recreational weed in the state. Desai authored Prop 207’s language. Desai also provided legal services for Prop 208, Invest in Education, whose eponymous PAC rallying for an additional income tax to increase teacher funding paid at least $150,000 to Petition Partners.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
With the primary election over and the general election drawing near, Senator Mark Kelly (D-AZ) is leaning into his image as an independent candidate.
On Tuesday, Kelly republished an edited version of campaign messaging issued from last month announcing a 50-person bipartisan coalition of constituents. The senator shifted his presentation from an official with bipartisan support to an “independent voice” for Arizonans.
I’m in the Senate to be an independent voice for all of Arizona and I’m proud to have the support of nearly 50 Republican and Independent leaders in this election.https://t.co/KgszYN4ZrM
Last week, Kelly aided the passage of President Joe Biden’s controversial Inflation Reduction Act (IRA) without the hesitation initially posed by Senator Kyrsten Sinema (D-AZ). The senator said that the IRA would lower prescription drug costs, implement funding to combat drought and “climate change,” and reduce the deficit. Kelly promised that the IRA wouldn’t result in increased taxes for small businesses and middle-class Arizonans.
Kelly aligned with the Democratic Party on all fronts concerning the IRA, rejecting across the board amendments that would finish the border wall, approve coal leases, increase domestic oil production, protect those making under $400,000 from additional tax audits, limit price controls for treatments on conditions like cancer and Alzheimer’s disease, require oil and gas lease sales in the outer Continental Shelf, provide discounted insulin for low and middle-income Americans, remove $45 million in climate-related expenditures, retain Title 42, strike a tax increase resulting in higher energy prices for those earning under $400,000, hire more Border Patrol agents, reduce drug prices, invest in violent crime prevention, and prohibit tax credits for electric vehicles built with slave labor.
With Kelly’s support of the IRA expansion of the IRS by 87,000 more agents, it’s likely that most Americans making under $200,000 a year will be audited. 2021 IRS data revealed that over half of their audits focused on individuals making less than $75,000 a year.
Over 75% of IRS audits targeted Americans making under $200,000 per year.
Democrats want to hire 87,000 new IRS enforcers to target the middle class even more. pic.twitter.com/cxmCqE4eBN
Kelly’s campaign tone shift follows that of his Republican opponent, Blake Masters. As AZ Free News reported earlier this week, Masters opted to describe himself as “independent” in his latest campaign video, rather than displaying his endorsement from former President Donald Trump or interviews with popular right-leaning shows.
Media coverage of Masters’ shift may have prompted the candidate to backtrack somewhat. At some point over the last week, Masters rendered the video “unlisted”: meaning, the video doesn’t appear anywhere on his profile, and remains accessible only through a direct link, like the one we’ve provided above. However, the video remains on his Twitter page.
“Other” voters total just over 1.4 million, tens of thousands more than the 1.2 million registered Democrats. Registered Republicans total well over 1.4 million.
Throughout his tenure, Kelly has insisted that the issues he represents are neither Democrat or Republican issues. Often, he characterizes his stances as “Arizona priorities.”
Fortifying our water supply. Investing in small businesses. Protecting communities from wildfires.
These aren’t Democrat or Republican priorities — they’re Arizona priorities.
That’s what I’m focused on.
— Captain Mark Kelly (@CaptMarkKelly) May 12, 2022
Masters predicted in July that Kelly would shift his campaign tone to attract more independents, especially with Biden’s approval ratings at historic lows. The president’s IRA passage offered a slight boost from a historic low of 36 percent to 40 percent — though his inroads with Democratic and Republican approval numbers weren’t reflected among independent voters, who dropped further in their support.
Joe Biden has failed. Senator Mark Kelly has failed. They have nothing to run on. So Kelly will lie and pretend to be independent — it’s not going to work. pic.twitter.com/UsUYcVG8Jx
Gov. Doug Ducey signed an Executive Order on Friday for the immediate fortification of a gap in the U.S. – Mexico border in Yuma, just hours before a U.S. Consulate issued a “shelter in place” advisory for Americans living and working in Tijuana south of the border from San Diego.
“For the last two years, Arizona has made every attempt to work with Washington to address the crisis on our border,” Ducey said. “Time and time again we’ve stepped in to clean up their mess. Arizonans can’t wait any longer for the federal government to deliver on their delayed promises.”
The executive order was issued by Ducey a mere two weeks after the White House announced it would address the unsecured border in Yuma once various reviews and studies were completed. However, there was no estimate provided as to when that may be.
Ducey’s decision to authorize immediate placement of 60 double-stacked, state-owned shipping containers to fill in a 1,000-foot gap long complained about by law enforcement officials will increase national security by ensuring border security, according to Jonathan Lines, Yuma County Supervisor.
“Border communities like Yuma bear the burden of a broken border while narcotics poison our youth, human smuggling rises and mass amounts of migrants wear on our nonprofits,” said Lines, adding that Ducey was coordinating with state and local resources “to do what the federal government won’t: secure the border.”
The project overseen by state contractor Ashbritt will utilize a 25-person team of heavy equipment operators and support personnel to link together and weld shut the containers, each of which weigh more than four tons. When completed on Monday, the new barrier wall will reach about 22 feet and be topped with concertina wire.
HAPPENING NOW: Construction begins on a physical barrier at the Yuma portion of the border 🔸60 double-stacked shipping containers, welded shut 🔸Topped with 4 feet of razor wire 🔸Height: 22 feet 🔸Weight: 8,800 lbs pic.twitter.com/VQmYIynf8U
The move to close the large gap in Yuma also came just days after President Joe Biden lifted the Remain in Mexico immigration policy which has been providing one of the few immigration controls at the border.
The U.S. Border Patrol’s Yuma Sector under the leadership of Chief Patrol Agent Chris Clum experienced more than 235,000 migrant encounters from Oct. 1, 2021 to June 30, 2022. The governor’s office called it “an ominous acceleration” for the Yuma Sector, which had the highest annual increase in encounters of all USBP sectors for the fiscal year ending Sept. 30, 2021.
Nonprofits and shelters in Yuma County set up to assist migrants have been operating for months at overcapacity. In addition, law enforcement, first responders, and local medical facilities have been overwhelmed by the influx, which includes extremely high quantities of fentanyl coming across the border Arizona lawmakers made a $335 million investment in the Arizona Border Security Fund to construct and maintain a border fence, of which $6 million will be used put the new barrier in place in Yuma.
“Republicans in the Legislature made border security a priority in this year’s budget, and I’m thankful to Governor Ducey for wasting no time in putting those funds to good use,” said Rep. Ben Toma. “Improvements to the border wall will make our communities safer by combating human trafficking and stemming the flow of fentanyl into the state.”
Just hours after Ducey signed Executive Order 2022-04 on Friday, the U.S. Consulate in Tijuana, Mexico warned of cartel violence in several Mexican cities along the border with California, including Tijuana, Mexicali, Tecate, Rosarito, and Ensenada.
The Consulate warning called on U.S. citizens already in those areas to seek secure shelter and remain aware of their surroundings. The warning also advised Americans on the Mexico side of the border to monitor local media for updates and “notify friends and family of your safety.”
1/2 The U.S. Consulate General Tijuana is aware of reports of multiple vehicle fires, roadblocks, and heavy police activity in Tijuana, Mexicali, Rosarito, Ensenada, and Tecate. U.S. government employees have been instructed to shelter in place until further notice. pic.twitter.com/oghBX1P7qX
The violence, which is due to internal strife within the Sinaloa Cartel as well as pressure from other cartels, is not limited to border communities near California.
Last Thursday, several killings occurred in Ciudad Juarez, a city of 1.5 million across the border from El Paso. The violence started with a deadly fight at a Mexican prison between factions of the Sinaloa Cartel. Within hours, several fires and frequent gunfire was reported throughout Ciudad Juarez, often targeting non-cartel interests.
A statement by Mexican President Andres Manuel Lopez Obrador on Friday confirmed that “innocent civilians were attacked as a kind of retaliation” in connection with the prison fight.
Thursday, the Peoria Unified School District (PUSD) Governing Board delayed its decision on using BLOOM365, a violence prevention program, after parents discovered its CEO mocking them in a private teacher group she administered.
Concerned parents and community members who spoke at the governing board meeting compared BLOOM365 CEO, Donna Bartos, and the private Facebook group she administered, Peoria Drives Change, to “Mean Girls.” A Tolleson Union School District (TUSD) teacher, Melissa Girmscheid, was also one of the administrators. The Facebook group doesn’t appear to exist anymore.
“BLOOM365” is an acronym for their slogan, “Bring Love On Others More 365 Days a Year,” with the main mission of preventing teen dating abuse. If approved, the nonprofit would provide PUSD with staff training as well as curriculum, programs, and resources on healthy friendship and relationships, youth violence prevention, student and school safety, and social, emotional, and behavioral services through this school year and the next. Funding for their outreach education comes from three state agencies: the Arizona Department of Public Safety (AZDPS), the Arizona Department of Health Services (AZDHS), and Governor Doug Ducey’s Office of Youth Faith and Family.
98% of School Shooters are male.* WHY?
The young man’s perspective & drawings shared in the first 1:05 minutes of this video address one risk factor.
Superintendent Jason Reynolds, who didn’t attend the meeting in person, was the one who requested initially that the board delay a decision on the item.
AZ Free News reviewed copies of content from the Peoria Drives Change group. Bartos appears to have allowed and encouraged teachers to use the space to air their grievances against parents and children as well as share the private details of students. Bartos herself derided PUSD parents who disagreed with concepts like white privilege as “off their rockers” and “f*****g nuts.”
Bartos criticized one mother’s advocacy for her child’s education, speculating to group members that the mother’s behaviors were caused by abuse from a parent. Girmscheid mocked the parent’s testimony of abuse as “daddy issues.”
Bartos also criticized vocal parents at governing board meetings as an “angry and obnoxious mob” that spread lies. She shared that she was “quietly” working on a movement to rally voters aged 18 through 24 to reshape Peoria politics.
“We need all Peoria taxpayers who believe religious ideology, radical politics, and exclusionary patriotism have no place on the school board or in our classrooms to band together to shut this s**t show down,” wrote Bartos.
Bartos also advocated for the school district to ignore parents if they conflict with students’ desires.
“PUSD needs to prioritize cultivating a culture of empathy, respect, and acceptance for all students over pleasing parents,” said Bartos.
PUSD governing board candidate Devon Updegraff-Day informed the board that PUSD teachers within the Peoria Drives Change group were attacking a group of 740 parents, West Valley Parents Uniting — a group of which Updegraff-Day is also a member.
One mother, Jodi Brackett, expressed her frustration with the board’s inaction. Brackett served what appeared to be court summons to the board.
Board member Rebecca Hill responded that parents’ complaints gave her “grave reservations.” She acknowledged that few students benefitted from BLOOM365, not enough to warrant the program’s continuation at PUSD.
“They have not proven to me or the public that they are a safe, trustworthy organization,” said Hill. “Either everybody benefits or we’re done with it.”
Board member and State Representative Beverly Pingerelli (R-Peoria) shared that she reviewed some of the Peoria Drives Change content, and that she would vote against approving BLOOM365.
“I don’t believe in condoning bad behavior, so I’ll be voting ‘no.’” said Pingerelli.
Board President David Sandoval, who is also a Democratic state legislature candidate, said that he spent time with site leaders that used BLOOM365 at a “much more frequent level” than them. Sandoval insisted that BLOOM365 does make an impact on students.
Sandoval said that the board needed more time to review the contents of the Facebook group and claims submitted by parents. He defended BLOOM365, saying that the wide range of dynamics among students necessitated the program’s inclusion. Sandoval advised the board members to look beyond the complaints of concerned parents by talking to other districts that use the BLOOM365 program.
Chief Student Services Officer Carter Davidson also defended BLOOM365. Davidson insisted that students did benefit from the curriculum. He said that parents uncomfortable with their child’s exposure to BLOOM365 could opt out, per the state’s codification of HB2161.
One former educator retorted that BLOOM365 included Social Emotional Learning (SEL), which she noted was a subcategory of Critical Race Theory (CRT). She insisted that there were other, better curriculums and training programs available for students and staff.
“If you’re going to use the material that is useful to children who are high-risk, let’s find something that is not written by somebody who is participating in a hate comment as well,” said the educator. “This woman, who is the CEO of this company, participated in hate speech. So, let’s take that in consideration when we review BLOOM365.”
Brent Cobb, the third vice chairman of the LD27 Republican Party, concurred. He advised the board to reconsider BLOOM365 based on Barto’s private Facebook group activity.
“And now we have the CEO of one of these SEL corporations that is participating and allowing hate speech to occur in one of her private online groups,” said Cobb. “If you’re going to allow this type of content in our schools, you need to figure out what the substrate of what that ideology is built upon because the parents are not in the room when these courses are being taught. And us parents need to have enough faith in the integrity of the program that we don’t have to worry about the content that’s being shared with our children when we’re not in the room.”
Community concern over BLOOM365 picked up last summer, after Bartos advocated for SEL to the governing board and community but didn’t disclose her status as a district vendor.
AZ Free News reached out to PUSD for comment. Their spokesperson said that they were informed Monday of the Facebook group, but haven’t been able to access it for review.
“We were informed today that a private Facebook group may be discussing students and staff. Since it is private, we do not have access to log-in and view the comments or discussion,” said the spokesperson. “We did speak with one parent to address concerns she had about the comments and will be having follow-up conversations to ensure that student information remains private. As we prepare to start the new school year, protecting the privacy of our student information remains critically important to us.”
Concerned parents revealed at Thursday’s board meeting that they supplied the PUSD governing board with content from the Peoria Drives Change group.
PUSD teachers are far from the first to create private Facebook groups to air their grievances about parents, children, and community members.
One such group made national headlines for its plans to hack and infiltrate parent and community groups containing ideological opponents. The group, “Anti-Racist Parents of Loudon County,” included teachers and school board members from the controversial district, Loudoun County Public Schools (LCPS), as well as local officials like George Soros-backed commonwealth attorney Steve Descano. Two recall efforts are underway for Descano currently, unrelated to his membership in the Facebook group.
LCPS has been in and out of the public eye since the pandemic began — most notably, for the coverup of a sexual assault in one of their high school’s bathrooms. Media coverage exposing that incident and subsequent issues within LCPS played an integral role in flipping Virginia’s governorship from Democratic to Republican.
Watch PUSD’s full governing board meeting below:
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A lawsuit filed this week by several residents, business owners, and property owners within a multi-block “zone” of downtown Phoenix seeks a court order requiring city officials to do something about the unabating homelessness crisis impacting the 19 plaintiffs.
According to the lawsuit, the largest concentration of homeless persons in Arizona has developed on properties owned by or operated by the City of Phoenix in an area between 7th and 15th Avenues and between Van Buren and Grant Streets.
Many of the persons who have constructed semi-permanent tent dwellings on public sidewalks and rights of way are experiencing mental health problems and / or drug and alcohol addiction, but city officials have enacted policies which essentially ignore those issues to the detriment of the community, the plaintiffs allege.
“Not only is the City of Phoenix failing to provide these individuals with housing and needed services, it refuses to enforce in and around the Zone quality-of-life ordinances prohibiting loitering, disturbing the peace, drunken and disorderly conduct, drug use, domestic violence, and obstructing streets, sidewalks, or other public grounds,” the lawsuit contends. “The City’s policies are not rationally designed to address any of the social ills facing the residents of the Zone and are exacerbating rather than alleviating their problems.”
Those policies not only permit illegal conduct on Phoenix-controlled public lands but city officials further encourage problems by directing homeless persons from around the city to the Zone, according to the lawsuit.
“In the Zone and its environs, laws are violated with impunity; residents are subject to violence, property damage, and other criminal and civil violations of laws designed to protect the quality of life of residents; property values have been erased; trash and human waste litter streets and yards; and most tragically, a great humanitarian crisis unfolds as homeless residents of the Zone die on a daily basis,” the lawsuit notes.
The plaintiffs seeking an order from Judge Alison Bachus of the Maricopa County Superior Court that the public encampments in Zone has created a public nuisance for which plaintiffs have a constitutional right to seek abatement of the nuisance
In addition, the lawsuit seeks an order from Bachus prohibiting city officials from taking any further action that will exacerbate the current nuisance and a separate order requiring the city to immediately abate the nuisance.
The lawsuit even points to several options available to city officials, including removal of the encampments to other public lands where they would not constitute a nuisance. Another option permitted by a 2019 federal ruling from the Ninth Circuit Court of Appeals is to create “structured camping grounds” on city property where cleanliness could be maintained along with compliance of laws and ordinances.
A more traditional option would be the availability of enough shelter space so that public camping could be prohibited. However, the lawsuit concedes the Ninth Circuit ruling currently prohibits enforcement of a public camping ban because City of Phoenix officials have failed to provide sufficient resources to address the homelessness issue.
That 2019 ruling requires municipalities to allow homeless individuals to camp on some public lands if there are not enough shelter beds. But nothing in the ruling, Martin v City of Boise, prohibits officials from enforcing quality of life ordinances and criminal laws, the plaintiffs argue.
Those plaintiffs are represented by Michael Bailey, Stephen Tully, and Ilan Wurman. They contend city officials are using the Ninth Circuit ruling “as an excuse to completely wash its hands of this crisis, leaving the homeless individuals and the surrounding neighborhood in an unimaginably horrific situation.”
The lawsuit adds Phoenix officials are entitled to adopt “irrational policies but if its policies create a nuisance and cause damage to the residents, workers, and property owners in the Zone, as they have, then the City is liable for those damages and the court may enjoin the nuisance.”
