The United States Supreme Court ruling in Johnson v. City of Grants Pass, has settled the question of a city’s ability to arrest and fine people for sleeping and encamping in public spaces.
In the 6-3 ruling, the high court found that enforcing laws against camping on streets, sidewalks, and public lands does not constitute “cruel and unusual punishment,” and therefore survives a challenge based on the Eighth Amendment. Communities beleaguered with an entrenched homeless population living illegally on city streets, in vacant lots, and even parks will now be able to clear them and get the homeless, and frequently mentally ill and/or addicted off the streets and hopefully to the resources they need. As noted by AZFamily, the small city of Grant’s Pass, Oregon, was vindicated by the Supreme Court in its assertion that forbidding homeless encampment is not unconstitutional.
Along with Grant’s Pass, the City of Phoenix was also cleared for a new city law to take effect in two months making it illegal to camp within 500 feet of a school, childcare center, or city-owned park as previously reported by AZ Free News. According to The Center Square, Arizona Senate President Warren Petersen is quite pleased with the SCOTUS ruling. He told reporters, “This ruling is a victory in our state’s efforts to tackle the humanitarian crisis destroying lives and livelihoods within our communities on a daily basis.”
“Our children shouldn’t be forced to walk to school on streets littered with needles, feces, and trash. The individuals camping out should be discouraged from this practice through enforceable laws and be provided with the mental health or substance abuse services they need to overcome this terrible situation.”
Phoenix’s Democrat Mayor Kate Gallego said in written statement Friday, “Phoenix has continued to make meaningful progress on this issue while simultaneously navigating a web of conflicting legal opinions.” She added, “Today’s Supreme Court ruling provides the necessary clarity we need to help even more people find safe, stable shelter,” as AZFamily reported.
Independent City Councilman Kevin Robinson observed, “We want to have the flexibility (to issue citations). I think it needs to be there if it’s a critical type of situation. But the expectation is we lead with services first. We look for ways to help people.” Democrat Councilwoman Kesha Hodge Washington added, “The decision provides municipalities with an accountability tool, if and when appropriate.”
Her fellow Democrat Councilman Carlos Galindo-Elvira explained that Phoenix needs to achieve a balanced approach between law enforcement and the dignity of the homeless. “It cannot be open season on the unhoused. That’s not acceptable to me,” he said. “I worry about that everywhere in the United States.”
Although he noted, “Citations have to be an option to ensure equity and to maintain space and access to it.”
Republican Councilwoman Ann O’Brien, who led the encampment ban in the council, told the Arizona Republic that the ruling has affirmed the new ordinance but stressed that Phoenix will continue offering services to the homeless, although for those who refuse assistance, she supports enforcement.
“We want to get them back on their feet. … If we can lead with services, that’s my preference. When they say, ‘No,’ then if that means they need to be ticketed, then I would welcome them to go through the community court process,” O’Brien said.
“What’s important to remember is this isn’t just about the homeless community. It’s about all the citizens of Phoenix and quality of life issues for everyone,” she added.
I am very happy with @USSupremeCourt 6-3 decision that camping bans aren’t considered cruel and unusual. Our Legal Dept is still reviewing the ruling to determine how to proceed. This is a critical step to empower the people to make local decisions in the name of public safety. pic.twitter.com/sQHnGWCrIq
— Councilwoman Ann O’Brien (@CWAnnOBrien) June 28, 2024
The City of Phoenix issued a statement published by ABC15 saying in part, “The City of Phoenix has worked strategically over the last several years to balance court orders from two different lawsuits, community needs, and available resources to address homelessness in our community. The City will continue to lead with services and will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today. The City is confident in the processes created by the Office of Homeless Solutions and supporting departments to address encampments in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.”
Writing for the majority of the court, Justice Neil Gorsuch reached for the work of Alexis de Tocqueville to conclude his ruling:
“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not. Almost 200 years ago, a visitor to this country remarked upon the ‘extreme skill with which the inhabitants of the United States succeed in proposing a common object to the exertions of a great many men, and in getting them voluntarily to pursue it.’ 2 A. de Tocqueville, Democracy in America 129 (H. Reeve transl. 1961).
If the multitude of amicus briefs before us proves one thing, it is that the American people are still at it. Through their voluntary associations and charities, their elected representatives and appointed officials, their police officers and mental health professionals, they display that same energy and skill today in their efforts to address the complexities of the homelessness challenge facing the most vulnerable among us.
Yes, people will disagree over which policy responses are best; they may experiment with one set of approaches only to find later another set works better; they may find certain responses more appropriate for some communities than others. But in our democracy, that is their right. Nor can a handful of federal judges begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness. Robinson, 370 U. S., at 689 (White, J., dissenting).
The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy. The judgment below is reversed, and the case is remanded for further proceedings consistent with this opinion.”
Over the last three years, the city of Phoenix spent over $180 million in its attempts to address its growing homeless population.
New research from The Goldwater Institute suggests that the millions had little impact, if any, in reducing the rates of homelessness. The population grew 92 percent in Phoenix from 2018 to 2023, and 72 percent in Maricopa County from 2017 to 2023. Homeless population totals for 2021 weren’t collected due to the COVID-19 pandemic.
The growth became evident in certain areas, such as the downtown area unofficially ignored by police for most response calls known as “The Zone.”
The $180 million constitutes a low estimate of total expenditures; when adding in funds from the state, federal government, and private entities considered to be budget line items, that number grows to over $250 million, per their research.
About one-sixth of those city funds went to the Community Bridges organization — $30 million — which provided property and housing services as well as outreach for shelter support services.
The other major contracts put up by the city to address homelessness were $16 million for BRYCON, which provided shelter space and general contracting; $13 million for St. Vincent de Paul, which provided emergency shelter, transitional housing, and hotel operations; $9.4 million for Central Arizona Shelter Services (CASS), which provided housing, shelter, and homeless support services; $9 million for Mercy Care, which provided behavioral health and mental health services; $7 million for Human Services Campus, which provided relief sprung structure for shelter; $6.2 million for Salvation Army, which provided shelter and street outreach; $4.6 million for A New Leaf, which provided rapid rehousing and homeless youth reunification; $4.5 million for UMOM Day Centers, which provided shelter and street outreach; $2.6 million for Steel & Spark, the provider of the X-Wing Shelter Units; $2.3 million for Homeward Bound, which provided homeless prevention efforts such as GED and job training; $2 million for St. Joseph the Worker, which provided workforce villages and paying housing costs; $1.2 million for Child Crisis Arizona, which provided shelter for homeless minors; and $1 million for Southwest Behavioral Health Services, which provided criminal justice for the homeless and outreach.
Four of the city’s contractors for homeless services — Southwest Behavioral Health, Chicanos Por La Causa, CASS, and Mercy Care — have seats on the city’s task force to address homelessness.
Per the Goldwater Institute, the city has yet to disburse $63 million for city-owned shelters, emergency rental assistance, property acquisition, hotel conversion, and affordable housing.
The city’s Office of Homeless Solutions (OHS) reports that it has committed $140 million since 2021 through the end of this year to address homelessness through shelter and heat relief, outreach, supportive and behavioral health services, homelessness prevention, and supportive housing.
According to the Goldwater Institute, OHS has only provided public accounting for 34 percent of that $140 million. Additionally, that 34 percent consisted of vague reporting, such as the absence of program start and end dates.
The unrelenting growth in the homeless population, despite expensive efforts to stymie, it has prompted alternative actions from city leaders. Earlier this month, the city council enacted an ordinance banning homeless encampments near parks and schools.
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Like a lot of Arizona residents, I was drawn to the state by its natural beauty, economic opportunities, and conservative values. In the 15 years my husband Gary and I have called Mesa home, we’ve seen a lot of growth and some exciting opportunities for our community and the citizens of District 2. Unfortunately, we’ve also seen some significant erosion of Mesa’s conservative values as well as questionable zoning and purchase decisions by the Mesa City Council. I believe we can, and should, do better. That’s why I’m running for City Council!
As a city council member, I’ll work to represent my District with the values and needs of my constituents instead of personal opinions. Take, for example, the purchase last year of the Arizona Grand Hotel by the City Council which is slated to be converted to a homeless shelter. In addition to overpaying for the property by $1 million, the annual operating cost paid by the city is estimated to be $3.5 million, which will be a permanent burden to Mesa taxpayers. The city council approved the sale over strenuous objections of adjacent businesses and homeowners.
Homelessness is a serious issue in our state, but there are better alternatives for properties not located adjacent to a residential area. Unfortunately, the current District 2 councilperson chose to vote her values against the wishes of her constituents.
Over the past 15 years, we’ve had a moderate increase in economic development activity in our district, but we’ve continued to be a bedroom community. It is the “actions over words” that have me concerned. While the Council says they want to bring in more high wage jobs, they continue to approve of more and more residential and multi-family projects. We have a vibrant airport at Falcon Field, but instead of protecting this valuable asset from residential encroachment, the council has turned a blind eye and put the airport in jeopardy. The same thing has happened to Boeing and Phoenix-Mesa Gateway Airport. The council’s actions have not mirrored what the council has set as their Strategic Plan. We need to refocus the council and balance residential needs with economic development.
Another area that I believe we are lacking in is police and fire. Response times for our police have risen from 3.64 minutes in 2017 to 4 minutes today. That may not seem like much, but those extra seconds can mean the difference between the bad guy getting away or being caught. It can also be the difference between life and death. We need to make sure we have adequate personnel and equipment to ensure our public safety officials show up in a timelier manner.
Finally, I feel as though the city has left its lane and ventured into areas outside the City’s Charter. The city isn’t responsible for ensuring homeless people have shelter. I’m not trying to be dismissive of the need for humanity, I just feel as though the City should focus on potholes and allow the many not-for-profit entities and the religious communities across Mesa to share in the compassion. Citizens’ tax dollars should go exactly where Mesa’s founding fathers outlined in the Charter so many years ago: to ensure we have clean, potable water, a safe and reliable natural gas and electric system, clean streets that are pothole free, great outdoor parks and trails for public recreation, and public safety that continues to be one of the best in the nation.
I’ll work hard every day to represent the citizens of District 2, so that you will truly have a voice at the City. If you are tired of the status quo, let’s build our community together!
Melody Whetstone is candidate for Mesa City Council. You can find out more about her campaign at Melody4Mesa.com.
Striking a blow against the blight of homelessness in the state that has reached epidemic proportions in the Arizona Capitol, the Phoenix City Council voted unanimously (8-0) across party lines to ban sleeping, camping, or preparing food outdoors within 500 feet of any school, park, day care center, or homeless shelters in the city. Violation of the new ordinance could result in a Class 3 misdemeanor charge, a fine of $100, and up to 30 days in jail with up to one year unsupervised probation which is a reduction from a Class 1 misdemeanor under a previous city ordinance that applied exclusively to city-owned buildings, parks, and parking lots. Under the law, 12News reported that “camping” is defined as using a property for “sleeping, storage, making fires, cooking activities or setting up tents.”
Republican Councilwoman and Chair of the Public Safety Committee Ann O’Brien explained the ordinance which she proposed in a statement, “It’s so our community members can feel safer going to their parks, and those receiving services have a higher chance of success by not being surrounded by encampments.”
In a post to X, she noted that the new ordinance is a part of her “Homeless Plan put out 11mo ago.” She noted that “To date, over 50% of my ideas are in progress or have been implemented.”
The Phoenix City Council unanimously approved my ordinance that would ban camping within 500ft of a school, daycare, public park, or shelter facility.
This was included in my Homeless Plan put out 11mo ago. To date, over 50% of my ideas are in progress or have been implemented. pic.twitter.com/q33Kgq5V1c
— Councilwoman Ann O’Brien (@CWAnnOBrien) May 30, 2024
As recently as April, this reporter can provide a first hand account of a large group of homeless people encamped at La Pradera Park on 39th Avenue a few hundred feet from Global Academy of Phoenix Middle School, and Catalina Ventura Elementary School, both in the Alhambra School District. Fox News reported a similar scene at Griffith Elementary School in Pierce Park in Phoenix where two young girls played soccer, flanked on either side by homeless men sleeping on makeshift beds.
O’Brien continued in her statement saying, “This is a tool that helps us sometimes get them into services, right? Community court. Not everybody always says yes to services, but this might help us to hold folks accountable with our laws.”
Phoenix Mayor, Democrat Kate Gallego told 12News that it isn’t safe for individuals to be living in these areas and that Phoenix will continue assisting the homeless with social services. Other members of the city council emphatically stated that the ordinance isn’t intended to criminalize the homeless.
“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,” O’Brien added.
Democrat Councilmember Laura Pastor who approved the ordinance expressed her concerns that it would be difficult to enforce, or could set homeless people to cycle through 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 told AZCentral.
Back in October, Democratic lawmakers and activists used the death of a homeless man to advocate for their progressive homelessness policies, claiming he died from the heat; in fact, he died from drug usage, some of which they may have assisted.
According to an autopsy report obtained by AZ Free News, Roosevelt White III, a 36-year-old former resident of the notorious mass homeless encampment known as “The Zone,” died in early September from complications of a left middle cerebral artery ischemic stroke. Contributory cause of death was identified as hypertensive cardiovascular disease, diabetes mellitus, and methamphetamine intoxication. White’s fatal injury occurred when he consumed methamphetamine in the setting of underlying natural disease processes.
“In consideration of the known circumstances surrounding this death, the available medical history, and the examination of the remains, it is my opinion that the cause of death is complications of a left middle cerebral artery ischemic stroke with hypertensive cardiovascular disease, diabetes mellitus, and methamphetamine intoxication as significant contributing conditions,” stated the autopsy report.
Nowhere in the autopsy report was heat or heat-related illness mentioned; nor was it mentioned as a contributing factor or cause of death.
Yet, multiple Democratic lawmakers told the public that White died from heatstroke. Though unclear where they obtained all of their information, it appears that their only source was a Democratic activist opposed to the cleanup of The Zone, rife with the type of drug use that ultimately took White’s life.
Among those who propagated the misinformation about White’s death were Reps. Nancy Gutierrez (D-LD18) and Analise Ortiz (D-LD24).
Gutierrez decried Republicans for denying the purported climate and housing crises plaguing the state, and said universal school choice was to blame as well. She then encouraged the public to stop voting for Republicans.
“It’s heartbreaking to hear of another heat-related death.The party in charge denies that we have a climate crisis, a housing crisis & they are giving our tax dollars to the rich for private schools,” said Gutierrez. “We must do better for the people of AZ. Your vote matters.”
It’s heartbreaking to hear of another heat related death.The party in charge denies that we have a climate crisis, a housing crisis & they are giving our tax dollars to the rich for private schools.We must do better for the people of AZ. Your vote matters. Rest in peace Roosevelt https://t.co/vTkq75hNuL
— Representative Nancy Gutierrez (@nancygforAZ) October 16, 2023
Ortiz blamed a lack of affordable housing as well, and placed blame for White’s death on the government.
“We have lost another community member to the heat and the lack of adequate shelter space and affordable housing in Phoenix. The state is failing to meet the most basic needs of our friends and neighbors,” said Ortiz.
We have lost another community member to the heat and the lack of adequate shelter space and affordable housing in Phoenix. The state is failing to meet the most basic needs of our friends and neighbors.
Stacey Champion, a public relations consultant and formerly a member of Phoenix’s Sustainability Advisory Committee and the Planned Parenthood Advocates of Arizona board of directors, shared the post as well.
Just heard about this. 💔 The sweetest soul & so sad I haven’t been able to be out as much this summer because of how the crushing heat has affected my own health from too many years of pushing myself in it. #HeatKills#EndHomelessnesshttps://t.co/a297olzFPe
At least one media outlet also took the progressive activists’ at their word that White died from heatstroke: AZ Family.
The viral post cited by the lawmakers and fellow activists came from Megan Kepler, a Democrat activist who volunteers with an organization that feeds the homeless, Feed Phoenix.
“We at Feed Phoenix are heartbroken at the news that our friend Roosevelt passed away in his tent due to heatstroke in the Zone. He was an amazing and talented human and volunteer with Feed Phoenix who was working to better his life, in spite of the odds against him. His death demonstrates the failure of our system to provide assistance to individuals who need our help. His heart was big. He should not have died in a tent. He was 36 years old. Rest in power Roosevelt. You deserved better from us.”
Although Kepler claimed White “died in a tent,” the autopsy record noted that White died in the hospital following multiple days filled with numerous attempts to save his life, including a thrombectomy and intubation. White was admitted on Sept. 9 and died on Sept. 12.
As part of Kepler’s activism, she helped pass out “safe use supplies”: clean syringes and naloxone, to assist the homeless in their usage of drugs, such as the meth that ultimately killed White. Rep. Ortiz helped with this effort at least once.
Today was a great day in the Zone. We served over 250 folks home cooked food, snow cones, harm reduction supplies, water and lemonade. Thank you to one of my homies from my hood #ld24@RepAnaliseOrtiz for helping out on this hot Friday💙 @FeedPhoenix#MutualAidpic.twitter.com/V5SUkdqZeG
Kepler has also engaged in activism with Black Lives Matter Phoenix Metro, Poder in Action Arizona, Desert Star Family Planning, Go With the Flow Mutual Aid, Radical Women Phoenix, Progress Arizona, Shot in the Dark Phoenix, Arizona For Abortion Access, Phoenix Womxn Rising, Mutual Aid Phoenix, and Women’s March Phoenix.
About a month before his death, White toldThe Arizona Republic that he declined shelter services during the city’s cleanup of The Zone, instead opting to relocate within the mass encampment. Per our past reporting, many of the homeless labeled as “service resistant” will turn down shelter because they can’t bring their drugs inside.
As reported in July, a majority of heat deaths in Maricopa County involved methamphetamine.
Per the autopsy report, White’s organs were taken for donation by the Donor Network of Arizona. Drug use and/or overdose doesn’t disqualify an individual from organ donation.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
