Lawsuit Against City of Phoenix Facilitating Homeless Encampment Gets Boost

Lawsuit Against City of Phoenix Facilitating Homeless Encampment Gets Boost

By Corinne Murdock |

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.

READ: GOLDWATER INSTITUTE AMICUS BRIEF

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.

Arizona Most Impacted by Biden’s Inflation Crisis

Arizona Most Impacted by Biden’s Inflation Crisis

By Corinne Murdock |

Arizona has the highest inflation rate in the country — making this state the number one victim of President Joe Biden’s inflation crisis. 

The Phoenix-Mesa-Scottsdale area suffers from 13 percent inflation, according to the latest Federal Bureau of Labor Statistics data released Tuesday. Nationwide inflation rate sits just over 8 percent.

According to recent polling, the inflation and border crises are of equal importance to Arizona voters.

Arizona Free Enterprise Club (AZFEC) President Scot Mussi told AZ Free News that the Biden administration has only worsened the economic woes of Arizonans. Mussi warned that consumers would continue to cut back on major purchases, and business owners would freeze expansions and hiring. He also pointed out that any reductions in inflation weren’t due to the Biden administration’s actions, but instead consumers cutting back.

“It’s pretty clear that the decision makers in Washington want to make this situation worse,” said Mussi. “The recession will continue to linger on until policy makers get serious about runaway spending.”

While Arizonans and the rest of America were taking in the federal government’s latest inflation report on Tuesday, President Joe Biden was celebrating the controversial Inflation Reduction Act (IRA).

Biden didn’t address how the latest inflation data reflected historic highs. Rather, the president asserted that the effects of inflation were improving, and that the state of the economy should come as good news for Americans.

Arizona’s Democratic state legislators also celebrated the IRA.

However, not all within Biden’s party agreed that the IRA and other recent actions by the president are wins. In an interview this week, Senator Mark Kelly (D-AZ) refused to affirm that Biden is doing a good job as president. Congressman Andy Biggs (R-AZ-05) assessed that Kelly treaded carefully due to Biden’s unpopularity among voters.

Mick McGuire, former Arizona National Guard general and failed senate candidate, told “The Conservative Circus” on Tuesday that Kelly was just as guilty as Biden for failing Arizonans with worsening inflation.

Mussi asserted that the IRA wasn’t anything to celebrate, calling it the “Inflation Destruction Act.” He explained that the IRA wouldn’t reduce inflation. Mussi noted that the government hasn’t even distributed all of the stimulus funds from the American Rescue Plan. 

“We haven’t even finished rolling out the Biden COVID recovery act: the $1.9 trillion spending palooza. There’s no discipline right now, and there’s really no end in sight,” said Mussi. “Right now, we’ve hit what would be the definition of a recession. Even if you wanted to use the Biden administration’s viewpoint, at best you could say we’re in a bad state of stagflation. There’s absolutely no growth.”

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Phoenix’s Violent Crime Rates Increase, Property Crimes Decrease

Phoenix’s Violent Crime Rates Increase, Property Crimes Decrease

By Corinne Murdock |

The latest Phoenix Police Department (PPD) data indicates that violent crime has increased while property crimes have decreased from last year. 

There was an average increase of over 2 percent for violent crimes, and 3 percent decrease for property crimes.  Below are the overall crimes year to date, comparing last January to July to this January to July.

  • District 1: violent crimes, 3 percent increase; property crimes, 1.4 percent decrease
  • District 2: violent crimes, 27.5 percent increase; property crimes, 5.2 percent decrease
  • District 3: violent crimes, 2.6 percent increase; property crimes, 1.2 percent decrease
  • District 4: violent crimes, 1.2 percent decrease; property crimes, 8 percent decrease
  • District 5: violent crimes, 9.5 percent increase; property crimes, 6.6 percent decrease
  • District 6: violent crimes, 17.4 percent decrease; property crimes, 10.5 percent decrease
  • District 7: violent crimes, 5.1 percent decrease; property crimes, 1.7 percent increase
  • District 8: violent crimes, 1.1 percent decrease; property crimes, 6.7 percent increase

According to separate PPD data, there’s also been a decrease in bias crimes from last year. Last January through August, there were 116 crimes motivated by bias. This year, there have only been 13 in total from January through March. 

The drop in bias-motivated crimes has been consistent since 2020, when there was a peak of 204 bias-motivated crimes that year. The greatest number of bias-motivated crimes occurred in 2017, reaching a total of 230. 

The rise in crime accompanies PPD’s staffing shortages. On Wednesday, the Phoenix City Council discussed the PPD’s efforts to increase hiring. PPD affirmed that they continue to experience net losses: more officers retiring or resigning than being hired.

Currently, PPD has about 2,600 sworn field positions, 80 in academy, 1,000 working and patrolling officers, 20 in training, and 80 in transitional duty assignment. Current retirements and resignations this year are just under 200. Last year, there were 275 retirements and resignations.

However, PPD Assistant Chief of Police Bryan Chapman said that PPD expected to see a turnaround in the near future.

“If you look at a year ago in terms of where we are today, we are in a much better position. Next year we’ll be back to some normalized numbers or an even better position than where we are,” Chapman.

Officer shortage last year resulted in PPD not responding to certain 911 calls.

Watch the Phoenix City Council policy meeting on public safety and justice below:

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizona Mayors Urge Senate Leaders to Codify Gay Marriage

Arizona Mayors Urge Senate Leaders to Codify Gay Marriage

By Corinne Murdock |

The mayors of Mesa, Phoenix, Tempe, and Tucson signed onto a letter Tuesday asking the Senate leaders to codify gay marriage through the Respect for Marriage Act. 

The mayors declared that codifying the act affirmed the rights and freedoms of gay couples.

“America’s cities are the bastions of equality, opportunity, and progress. We cannot risk that couples in LGBTQ or interracial marriages could be denied the right to legal protections that other couples take for granted,” read the letter. 

Of all the mayors to sign onto the letter, only Mayor Regina Romero publicized her support, calling for the Senate to ensure marriage equality. 

If passed, the Respect for Marriage Act would prohibit states from denying the validity of gay marriages. It would also empower the Department of Justice (DOJ) to act against those who would deny the validity of gay marriages.

The act cites the 2013 and 2015 Supreme Court decisions, United States v. Windsor and Obergefell v. Hodges, to support its case for modifying the traditional definition of marriage. 

The act also issues an explicit protection for interracial marriages.

The House passed the act in July, 267 to 157. All of Arizona’s Republican representatives voted against the act, while all the Democrats voted for it. 

In all, 47 Republican representatives helped pass the act. The Senate needs the support of at least 10 Republicans to pass it on their end.

A coalition of Senate Republicans are working to add an amendment protecting religious liberties.

Senate Majority Leader Chuck Schumer promised that the Senate would vote on the act within the month.

Senate Minority Leader Mitch McConnell (R-KY), however, hasn’t stated whether he supports the act. During a press conference on Tuesday, McConnell wouldn’t speculate on Senate Republicans’ support for the act.

“If the Senate Majority Leader decides to bring [the act] up, we’ll see where the votes are,” said McConnell. 

Also on Tuesday, a coalition of over 2,000 church and ministry leaders issued a letter asking the Senate to reject the act.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

$5 Million of Phoenix’s COVID Relief Funds Paying For Community College Tuitions

$5 Million of Phoenix’s COVID Relief Funds Paying For Community College Tuitions

By Corinne Murdock |

The Phoenix City Council gave $5 million of the city’s COVID-19 recovery funds to the Maricopa County Community College District (MCCCD) Foundation. 

The millions will be distributed to around 400 students with financial need through a newly-launched tuition assistance program, the Phoenix Promise Program. However, the program won’t end once the $5 million of American Rescue Plan Action (ARPA) funding is spent. The city stated last month that they would partner with the MCCD Foundation, along with other, unnamed education institutions, the business community, nonprofits, local governments, and philanthropic organizations to perpetuate the program. 

One of the nonprofits that assisted the city of Phoenix and MCCCD in developing the Phoenix Promise Program was Aliento, an illegal immigrant activist organization. The Arizona House awarded a proclamation to the organization for its service to “mixed-document” backgrounds in June.

The city first approved this initial $5 million allocation in early June, followed by a contract with MCCD Foundation at the end of August. The first tuition assistance payments will be awarded for the upcoming Spring 2023 semester, and will be awarded each semester through Spring 2025. About $280,000 of the $5 million will go to administrative costs. 

Each Phoenix Promise Program recipient will receive $965 each semester. In addition to tuition, recipients may use their funds to pay for books, fees, technology, supplies, transportation, food, and childcare. 

The program will also provide recipients with an academic advisor; exclusive access to workshops, boot camps, tutoring, counseling, and other support services; and personalized assistance from MCCCD’s career services. 

During Wednesday’s city council meeting, Councilwoman Yassamin Ansari lamented that illegal immigrant students with deferred deportation — namely Deferred Action for Childhood Arrivals (DACA) recipients, also known as DREAMers — don’t qualify for the funding. Ansari disclosed that city and county officials are researching how to secure funding for them. 

“Because this is federal funding, we are unable legally to support our DACA students with it but something we’re looking to do very soon, now that we’ve launched the program, is bringing in other partners,” said Ansari. 

The application deadline for Phoenix Promise Program’s Spring 2023 awards is October 31.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.