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.”
Within a week, Phoenix’s public libraries used up a month’s worth of the overdose-reversing drug Narcan made available at no cost to the public. The 1,600 kits cleared out almost immediately.
All 17 of Phoenix’s public libraries began offering the emergency overdose treatment last week. Narcan, or naloxone, is a nasal spray that reverses opioid and fentanyl overdoses.
Mayor Kate Gallego touted the Narcan kit rollout as life-saving. Gallego told reporters that civilians and other city workers may now intervene as first responders.
“By placing Naloxone in the hands of city employees and making it more accessible to residents, we’re creating a network of potential first responders who can make a significant impact in emergency situations,” said Gallego.
Today, I joined city employees and partners to launch our new public naloxone program, which makes Narcan available at all @PhxLibrary locations.
Narcan can reverse the effects of opioid overdose and save lives. Pick up a kit at a library near you, and spread the word! https://t.co/kurD8Od7GC
The Phoenix Public Library system didn’t post any announcements on their social media pages about the new overdose kit rollout, but did feature the young winners of their summer reading competition.
Library-goers may witness Narcan administrations while reading or dropping off their borrowed books.
A demonstration from @PHXFire on how to administer Narcan to someone suffering from an opioid overdose. Starting today, you can pick up a free kit with the lifesaving medication from any Phoenix public library. @KTAR923pic.twitter.com/w69n8N0o5J
As of last week, AZDHS reported nearly 800 opioid deaths, over 2,400 non-fatal opioid overdose events, and over 5,000 emergency and inpatient visits related to suspected opioid overdoses so far this year. First responders were able to administer Naloxone in about 4,000 out of 5,200 suspected opioid overdose responses (77 percent).
Compared with 2022 totals, there are 312 less opioid deaths and over 400 more non-fatal opioid overdose events this year compared to this time last year. However, AZDHS noted that data for the last four months may still be in the process of being collected.
It may be that the death count for this year will be greater than last year. The last four months currently report a sharp decline in opioid deaths compared to last year and 2021, but the first four months of the year overall represented an increase in deaths from last year and from 2021.
However, the opioid death total dropped by 89 from 2021 to 2022, from around 2,000 to around 1,900.
Emergency and in-patient visits for suspected drug overdoses are occurring at similar rates this year compared with last year: over 5,700 this year compared to around 5,600 this time last year and around 6,800 this time in 2021. There are less suspected opioid overdose first responder responses compared to this time last year: around 5,200 compared to 6,300.
A majority of opioid overdoses are due to fentanyl. Last year, nearly 66 percent of Phoenix-based opioid deaths involved fentanyl.
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.
Homeless sit outside a business in The Zone.
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.
Homeless use drugs inside Phoenix’s sprawling encampment known as The Zone.
“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.
On Friday, Governor Doug Ducey engaged in a Twitter exchange with Phoenix Mayor Kate Gallego for what he says are policies that “make zero sense.”
The governor sent a letter to Gallego and reminded the public that all State Parks will be open with free admission this weekend.
In his letter, the governor asserted that “Arizona’s parks are open. All parks. Everywhere. Rural and urban. From Phoenix to Tucson to Flagstaff. All towns and municipalities. Enjoy and GOD BLESS! #HappyEaster 3/3”
Phoenix City Councilman Sal DiCiccio thanked the governor for his letter:
Phoenix had set temporary restrictions in its parks, including closing parking lots and prohibiting grilling. The mayor made note that the decision was unanimous, however, DiCiccio’s Chief of Staff Sam Stone offered another view of the decision:
9-0 because Arizona’s Panic Pusher in Chief tied any reopening of Parks amenities and sports fields to also closing them on Easter
Laughable watching Gallego try to evade blame for something she was proudly taking credit for a few days ago https://t.co/HBgiLsNQG7
