In addition to being found at fault for the notorious homeless encampment in downtown Phoenix known as “The Zone,” the city of Phoenix must also pay over $221,000 in attorney’s fees and costs.
Maricopa County Superior Court Judge Scott Blaney issued the order for attorney’s fees on Monday. This latest order followed his September ruling which determined that city of Phoenix officials had not only failed to abate the public nuisance known as The Zone but had maintained it.
“The City of Phoenix shall maintain its public property in the Zone in a condition free of: (a) tents and other makeshift structures in the public rights of way; (b) biohazardous materials including human feces and urine, drug paraphernalia, and other trash; (c) individuals committing offenses against the public order. The Court will employ a reasonableness standard to future allegations of violation of (b) and/or (c). The Court does not intend this order to create a private cause of action for every non-pervasive violation of subsection (b) and/or (c). Further, the Court will require evidence of a substantive, good faith attempt to address any future violations of this order with the City before seeking court involvement.”
As reported previously, the city cleaned up The Zone several days in advance of the court-ordered deadline. This resulted in an over 82 percent success rate in admittance of the area’s homeless into shelters. The city also installed signs prohibiting encampments and other criminal activities around the area that formerly housed The Zone.
Blaney’s September ruling found the city to be at complete fault for The Zone. Blaney declared that the city had displayed an utter disregard for law-abiding citizens and tolerated crime by the homeless.
“The City’s refusal to meaningfully enforce statutes and ordinances in the Zone has created a classic siren song to certain individuals that are enticed at their peril by the Zone’s drugs, sex, and lack of societal rules.”
Additionally, Blaney found that the city intentionally stopped or materially reduced enforcement of laws in The Zone, as well as transported the homeless using taxpayer-funded “courtesy rides” from police officers and community organizations.
All in all, Blaney found unequivocally the city to blame for the increase in violent and organized crimes such as assaults and murders, drug usage and sales, public defecation and urination, rape and prostitution, and property damage and theft. City officials admitted to decriminalizing these behaviors.
Despite what city officials have indicated, it is unknown how many of the homeless population in Phoenix are homeless by choice. City representatives admitted that determinations of involuntary homelessness have been based on self reporting, not investigatory efforts into that individual’s case. They also admitted to being stumped by “service resistant” homeless: those who refused services like shelter because they didn’t want to adhere to any rules imposed, such as leaving behind contrabands like drugs or weapons. About 20 percent of homeless were “service resistant” according to a survey.
Despite the mass encampment cleanup, some community members have noted that homelessness persists in the area.
Cleanup efforts began back in May after the city unsuccessfully petitioned against a court injunction.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Downtown Phoenix’s residents experienced a glimmer of hope in the ongoing homeless crisis last month after a court declared the city to blame. If the city doesn’t appeal the court’s order, it may be the end of the massive encampment known as “The Zone.”
The decision flies in the face of the precedent set by other cities: plans and spending that yield no favorable results, ultimately forcing the residents to learn to live with the crime and squalor. Yet, Phoenix may no longer be resigned to the same fate borne by most other major cities. Downtown property and business owners were vindicated in their belief: city officials’ plans, spending, and promises alone don’t qualify as results.
Requiring results of the city could mean The Zone may cease to exist in the near future — restoring a square mile of the current wasteland of city-sanctioned slums into a healthy business district — but only if the city of Phoenix decides to follow through on the court-ordered action to resolve the homeless crisis. Cleaning up The Zone would mean finding shelter and services for around 800 homeless residing in the area, according to a census conducted by the Human Services Campus late last month.
The first bout of legal relief came for The Zone’s residents and business owners after the Maricopa County Superior Court ruled last month that the city of Phoenix was at fault for The Zone. The court ordered the city to show that it’s taking “meaningful steps” toward fixing The Zone. They have until July 10 to do so, with a trial date scheduled for June.
The ruling came days after the city of Phoenix promised to finally meet to fix The Zone, a promise prompted by back-to-back murders in the encampment.
Vice President for Legal Affairs at the Goldwater Institute, Timothy Sandefur, who submitted an amicus brief in the case, told AZ Free News that this ruling was a good first step toward remedying The Zone — but that the city has a ways to go.
“I think this is a first step and a very important one,” said Sandefur.
Sandefur said that the superior court indicated the best next steps for the city would be to build structured campgrounds and establish treatment programs, rather than continue with their current “housing first” approach.
However, notice of a settlement in a separate, federal case issued recently may complicate matters in finally getting the city of Phoenix to fix The Zone.
In the Arizona District Court case, the ACLU and the city held mediation about three weeks ago.
Details of the settlement weren’t made public. The Phoenix City Council plans to convene April 18 in an executive session — a meeting not open to the public — to discuss the terms of the settlement. At some point after, the Phoenix City Council will announce the settlement terms during a public meeting.
Of note, the city attempted to dismiss the superior court case — but not the federal case. The city also spent just shy of $100,000 fighting the superior court case.
Ilan Wurman, another lawyer on the lawsuit against the city, told AZ Free News that the court’s order to fix The Zone was thorough to the point where he imagined it would be difficult for the city to fight it.
“The court’s ruling is such a thorough victory for the business and property owners that it will be very hard for the city to overcome it at a full trial on the merits,” said Wurman. “We hope the city does the right thing and considers a settlement or simply follows through on the court’s instructions — that will save a lot of expense to taxpayers and it will be better for the unsheltered community as well.”
In remarks to the press, the city stresses that it has allocated around $140 million to solve the homeless crisis. However, there’s a difference between commitment and spending. Of the $120 million in COVID-19 relief funds received to address the homeless crisis, the city has only spent about 10 percent.
Of what little the city has spent for the homeless crisis, the Maricopa County Superior Court assessed that none of this spending has actually mitigated the crisis.
“With few exceptions, the action items about which city representatives testified centered around the creation of more bureaucracy, additional staff positions, and obtaining additional funding for programs to vaguely address homelessness in general,” stated Judge Scott Blaney. “The Court received very little evidence — if any — that the City intends to take immediate, meaningful action to protect its constituent business owners, their employees, and residents from the lawlessness and chaos in the Zone.”
However, in a recent interview, Mayor Kate Gallego indicated that the city was attempting to follow through on a “housing first” approach, and claimed that the city was “working very hard” to fix the homeless crisis.
As AZ Free News previously reported, “housing first” — also referred to as “permanent supportive” or “affordable” housing — holds the theory that the homeless will choose to seek employment, become financially responsible, and receive mental health care and/or substance abuse treatment if food and housing are provided. The theory also posits that enabling the homeless to choose their housing and support services will make them more likely to remain in that housing and stick with self-improvement initiatives.
Gallego shared that the city was working on launching seven new shelter options in partnership with various organizations, and that the city is hoping to receive additional help from both the state and federal government. She mentioned that she would meet with the Maricopa County Board of Supervisors.
Gallego disclosed that she recently spoke with Gov. Katie Hobbs about the homeless crisis — a conversation that had last occurred during Hobbs’ inauguration week in January. The mayor said that Hobbs was looking for additional resources to provide the city.
“Residents should feel confident that they’re going to see changes,” said Gallego. “The message we want to send to the public is that we recognize it’s a problem and we want to solve it.”
When questioned, Gallego didn’t directly deny that the city wouldn’t appeal the superior court’s decision.
In another interview, Gallego claimed that adequate law enforcement was taking place in The Zone. Gallego’s claim conflicted with the various investigative reports and witness accounts that depicted minimal law enforcement in The Zone.
“We treat every member of our community the same when they commit a crime. We want to be consistent and to enforce breaking the law,” said Gallego. “If you commit a crime, it is the same regardless of your housing status.”
However, the “Gaydos and Chad Show” testified to witnessing a myriad of criminal activity during a recent excursion in The Zone — including drug use, public defecation and urination, and prostitution — but not seeing any police presence. In response, Gallego claimed the city’s police were “too aggressive” when handling the homeless. The mayor cited the Arizona District Court case against the city as justification for her claim. However, that lawsuit concerned whether the city could enforce camping and sleeping bans, as well as whether the city had a right to seize or throw away items from homeless encampments as part of cleanup efforts. The lawsuit does not address police response to criminal activity.
Watch: The Zone – Homelessness and Crime Rampant in Phoenix
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The suffocating stench of urine and feces. Rotting garbage. The occasional whiffs of fentanyl, or the synthetic drug Spice clouding the air. Dead bodies. No, it’s not a Third World nation—it’s a lawless encampment of over 1,000 homeless people in downtown Phoenix, where crime is rampant, and the city does virtually nothing about it.
The city’s inaction provoked a lawsuit by business owners in the Zone who are suffering the consequences of the unchecked homelessness crisis. This week, a Maricopa County judge issued a preliminary ruling, finding that the city has “intentionally stopped—or at least materially decreased—enforcement of criminal, health, and other quality of life statutes and ordinances in [T]he Zone,” effectively making it “off-limits to [law] enforcement.” That’s good news for the business owners, but the decision is just a first step in the long process of solving the problem.
Karl Freund — who was leasing a building in The Zone and is suing the city over the homeless crisis — described to AZ Free News a state of apathy toward improvement for both the homeless and those assigned to handle it.
“You see trash everywhere. These people just don’t give a flip anymore, you know?” said Freund. “I see these people smoking meth wide out in the open. I’ll go over to them and tell them to leave. Then they’ll just go to another corner.”
The apathy has turned the once-thriving residential and business district into a depressed wasteland of death and depravity. Freund had plans to run a real estate business in the building he’d leased. Destruction to his property and the undesirability of the area caused by the homeless encampments has made that impossible; per AZ Free News’ initial report, he spent hundreds of thousands to fight for the property before having to find another to sublet it.
Sanitation is a far-off dream in The Zone — not only for the homeless, but also for those residents and business owners stuck there. These biohazardous slums are also affecting the rest of the state. Photographic evidence submitted in court filings reveals that unmanaged sewage and trash end up in storm drains. Drains which discharge into rivers, washes, and retention bases. The Zone is polluting Arizonans’ water on a daily basis, uninhibited.
AZ Free News spoke with a lawyer on the lawsuit against the city alleging a failure to take care of The Zone, Ilan Wurman, about the environmental hazards that The Zone poses (Brown v. Phoenix). Wurman confirmed that the constant deluge of waste ending up in our waterways violates state law.
“Their trash and waste goes into the storm drains and ends up in the waterways. That’s illegal discharge,” said Wurman.
The human waste and garbage that doesn’t end up in waterways creates other problems. Namely, they attract rodents and flies: a breeding ground for disease.
It was rats that resurrected a “medieval” disease in Los Angeles, California’s homeless population over the last decade: the bubonic plague. That accompanied the resurgence of other diseases rarely seen in this modern age, typhus and typhoid fever, alongside the persistent problem of hepatitis A and staph outbreaks. Around 1,000 were infected by hepatitis A from 2017 to 2019 in Southern California — even before the surge in the number of homeless that occurred during the pandemic — leaving just under two dozen dead. Typhus increased by thirteen-fold over the course of a decade in the area, from just over a dozen to just under 200 cases.
AZ Free News was unable to locate data from either Maricopa County or the state on communicable disease outbreaks other than COVID-19 in recent years.
Both court precedent and statute indicate that the city has a legal duty to not allow these hazards. Wurman referred AZ Free News to the justifications made for this argument in their recent motion for summary judgment issued in March.
“[A]ny person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor.” — A.R.S. Section 13-2917(D)
The city admits per court filings and testimony that conditions in The Zone are a “biohazard” due to the human waste, drug paraphernalia, and trash. Gina Montes, deputy city manager, said The Zone created “sanitation issues”; Scott Hall, deputy director of the Office of Homeless Solutions, admitted that the cleanups require “sanitation chemicals.”
“Their cleanup crews come in with hazmat gear. They expect us to accept those conditions in their neighborhood when they themselves have to wear those suits,” said Wurman.
The results of cleanup efforts only last a day at most, per testimony given by plaintiffs in court and by residents in interviews with AZ Free News. Cleanup crews also require police escorts due to the risk of violence they face, per city testimony. Yet residents and business owners must face The Zone on their own every day.
Up until last January, the city conducted cleanups three times a week: Mondays, Wednesdays, and Fridays. Items that couldn’t be moved were trashed. That was part of what prompted the DOJ to begin investigating the Phoenix Police Department in August 2021, reflecting tensions between a community desperate for better sanitary conditions and an unwavering political belief in protecting property rights for the homeless. Office of Homeless Solutions director Scott Hall claimed to reporters last November that the city wasn’t aware of property being thrown away.
The city resumed cleanups last December. However, the effects of these cleanups were only temporary since crews conducted these cleanups on a block-by-block basis. By the time crews reached the next block, the previous block they’d just cleaned had returned to its original state. City workers also offered services to the homeless while cleanups were underway; only 33 accepted, with the rest electing to return to a life on the streets.
Cities that have dealt with a homeless crisis for far longer have experienced serious environmental dangers from mass encampments. Seattle, Washington has struggled to mitigate its homeless for decades, with reports highlighting 2005 as the first year that city officials first introduced a plan to tackle the problem. Thornton Creek Alliance (TCA), an environmental nonprofit focused on restoring Seattle’s waterways, has spoken out for years about the serious negative consequences of homeless encampments on the environment.
“The impact of homeless camps on nature is a concentrated version of the usual impacts of human settlement on nature: impervious packed soils, concentrations of human body waste, food waste, packaging waste, abandoned equipment and shelter materials, contamination by household and drug chemicals, destruction of existing wildlife and plants, pollution of watercourses and possibly water sources,” explained TCA board member Dass Adams in a statement to AZ Free News. “We have seen these effects here and we take care to discourage encampments in parks and natural areas that exist for healthful benefits for our citizens.”
In other reports, TCA warned that specific public health threats posed by homeless encampments included E. coli fecal coliform bacterial contamination of waterways. Such contaminated waterways usually indicate the presence of other waterborne pathogenic diseases such as typhoid fever, hepatitis A, and dysentery.
AZ Free News spoke with Mike Godbehere, one of the residents suing the city over alleged failure to maintain The Zone. His family’s auto supply company was located within The Zone — it had long predated it but didn’t outlast it.
Godbehere’s grandfather started the family business in 1947, after World War II ended and his service was concluded.
“My grandfather was an auto painter. When he came out of the war, WWII, he began selling services like matching color and pinstriping for body shops. One of the paint companies needed a paint distributor in our town,” said Godbehere. “Our family, four generations, have worked there including cousins and aunts and uncles. It was a business that supported our family through that length of time.”
Four generations interrupted by The Zone. Godbehere still owns the property, but leasing remains an issue. Those who most recently contracted to lease the place left before their lease was up — they opted to pay the remaining 24 months of rent rather than remain.
Godbehere said the smell of the human feces and urine saturating the ground just outside the building overwhelms him. Yet, he shared that the Maricopa County Health Department told him that since his complaint concerned property just inside the sidewalk that it was his responsibility.
Then, there’s the fires. One building on Godbehere’s property is older, with wooden double doors dating back to the business’ beginning. It comes close to going up in flames often, due to the homeless starting fires within several feet of it. Godbehere attempted to communicate with the homeless to dissuade them from starting these fires, then contacted police for assistance, but to no avail. One woman behind most of the recent fires refused city services; under current protocols, the city won’t forcibly remove the homeless from their chosen spots.
“Each day that passes I’m wondering when I’m going to get the phone call that my place will be on fire,” said Godbehere.
Joel Coplin has his art gallery in The Zone. Over the years, he observed that the sanitation issues follow the individuals under housing-first approaches — leading him to oppose it. He said he could only imagine that kind of approach working with supervision. He expressed appreciation for Gov. Katie Hobbs’ proposal to install repurposed shipping containers as supervised housing.
“I’ve taken them to their apartments, and I’m astounded at the rents these people are receiving for this. The tenant has to pay a third or a quarter for it, but the place gets immediately trashed,” said Coplin. “If you look at the tents and how there’s all this garbage, that goes in the apartment. It winds up being a junkyard with a pathway through it from the door to the bathroom and the bed. You have to have supervision otherwise it gets trashed.”
Coplin compared The Zone to one of the seedier boroughs of New York.
“It’s like being in Brownsville, Brooklyn, except there’s no corner store to hang out at, so they all just hang out by their tents,” said Coplin. “I open my door and you can hear them, doing their drugs, playing their music, and having a great time. It’s a beautiful life: free rent, all the drugs you want, all the sex you want — if you have the drugs. The only problem is someone might beat you up for all the drugs.”
About a month ago, Coplin witnessed one of the many deaths that occur in The Zone. A homeless man he’d come to know on a first-name basis, Lamar, was shot and killed. Coplin explained that the homeless have tribe-like groups that fight one another.
Total deaths in The Zone have increased at an exponential rate over the last few years. The Maricopa County Medical Examiner Office reported just over 200 deaths in 2018, a year before the homeless crisis picked up. Last year, there were over 700.
Despite the squalor worsening all around him, Coplin said he’s determined to stick around, hopeful he’ll witness a revival in the area. He and other artists migrated there decades ago because it was affordable: a common backstory for those establishing a historic arts community.
“I want to see it through. I want to see our dream come true and try to put some gas on it. I want these people off the street, in some place better for them so they don’t have to crap on the sidewalk and pour my pee on the plants,” said Coplin.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Earlier this month, a lawsuit against the city of Phoenix for facilitating a crime-riddled homeless encampment in the downtown area dubbed “the Zone” received a legal boost. The Zone has over 1,000 individuals, making it the largest homeless encampment in the state and one of the largest homeless encampments in the country.
The Goldwater Institute, a Phoenix-based public policy think tank and litigation organization, submitted an amicus brief in support of the lawsuit in early October. They petitioned the court to require the city to clean up The Zone.
The brief summarized that the city’s dereliction of duty violated multiple laws, including a 1985 Arizona Supreme Court decision constituting the invitation of vagrants into an area as an illegal nuisance as well as state law forbidding cities from maintaining activities that pollute public waterways.
In a press release, the Goldwater Institute’s vice president for legal affairs, Timothy Sandefur, contested that it was “outrageous” that the city would withhold police protection from the property and business owners within The Zone.
“It’s not compassion to let people live on the streets, in an atmosphere riddled with unpoliced gang violence,” wrote Sandefur. “Hardworking Phoenicians should be able to rely on the public services their tax dollars pay for — and their elected officials owe them a duty to enforce the laws.”
Sandefur highlighted one of the businesses harmed by the city’s facilitation of The Zone: Arizona Rock Products Association (ARPA), a trade organization for the mining and rock industry. Sandefur relayed how the homeless started fires, left used needles and condoms, defecated and urinated, broke into cars, trespassed, and stole food from a refrigerator on ARPA property.
“ARPA is one of the many crucial contributors to Arizona’s economy, all of whom deserve to have their public officials enforce the law and protect their rights,” wrote Sandefur. “Yet thanks to this nuisance the city has created, ARPA is finding it increasingly difficult to do business at all in Arizona.”
The case, Brown v. City of Phoenix (CV2022-010439), was filed in August in the Maricopa County Superior Court and will be heard by Judge Alison Bachus.
The 19 plaintiffs represent property and business owners located within The Zone: Freddy Brown, Joel and Jo-Ann Coplin, Joseph and Deborah Faillace, Karl Freund, Gallery 119, Michael Godbehere, Jordan Evan Greeman, Rozella Hector, Daniel and Dianne Langmade, Ian Likwarz, Matthew and Michael Lysiak, Old Station Sub Shop, PBF Manufacturing Company, Phoenix Kitchens Spe, and Don Stockman.
In their lawsuit, the plaintiffs accused the city of Phoenix of concentrating the homeless population within The Zone. The plaintiffs noted that city officials had full authority to adopt “irrational” policies, but asserted that those policies couldn’t cause nuisance and damage to civilians.
“In short, instead of seeking to solve the homelessness crisis, the City has effectively invited this population to construct semi-permanent tent dwellings on the public sidewalks and rights of way in Plaintiffs’ neighborhood, and to make the Zone their home,” stated the lawsuit. “The City has not only permitted this illegal conduct and maintained it on public lands within its control, but it has also encouraged it through a policy of directing other homeless persons from around the city to the Zone.”
The plaintiffs noted that a “substantial portion” of the homeless residents within The Zone were mentally ill or addicted to drugs, and consistently in violation of quality-of-life ordinances prohibiting loitering, disturbing the peace, drunken and disorderly conduct, drug use, domestic violence, and obstruction of streets, sidewalks, and other public grounds.
“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 daily basis,” read the lawsuit.
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.”