Arizonans Now Have A Right To Compensation For Damages Caused By Homeless

Arizonans Now Have A Right To Compensation For Damages Caused By Homeless

By Staff Reporter |

Arizonans enacted a major incentive for local governments to address homelessness.

Voters approved Proposition 312, which requires local governments to compensate its property and business owners for damages caused by the homeless. Governor Katie Hobbs certified the proposition on Monday alongside all other election results.

Proposition 312 would secure compensations through a refund on property tax payments up to an amount matching costs incurred by local government’s “failure to enforce laws and ordinances prohibiting illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances.” 

Should the cost of damages exceed the property tax bill, the proposition gives the owner the right to apply for a refund from their next property tax payment(s) in perpetuity until that initial balance is paid. 

“Property owners would be eligible annually for refunds until the taxing entity begins enforcing the relevant public nuisance laws,” stated the ballot summary.

Policy experts anticipate the Arizona proposition to inspire other cities to adopt a similar policy.

The Goldwater Institute, which crafted Proposition 312, said in a statement on Monday that the measure provided another tool in addressing the homeless crisis facing Phoenix and major cities in other states. Victor Riches, Goldwater Institute’s senior communications manager, said in an opinion piece for The Wall Street Journal that the proposition should serve as sufficient motivation for local elected officials to act with more urgency. 

“Proposition 312 should be a wake-up call for elected officials forcing law-abiding businesses and residents to pay the price for a crisis they didn’t create,” said Riches. “The message to politicians couldn’t be clearer: Do your job. Enough is enough.”

Riches identified Phoenix and its infamous downtown area unofficially cordoned off for the homeless (“The Zone”) as a prime example of the “government malfeasance” that allowed the adverse effects of homelessness on properties and businesses in the area.

“Property values plummeted in the Zone. Small businesses suffered. People lost their livelihoods as dozens of business owners had no choice but to close up shop,” said Riches. “And even as the city spent over $180 million to address the crisis (only a fraction of which is publicly accounted for), the number of homeless people in Phoenix rose 92% between 2018 and 2023.”

Nearly 59 percent of voters (1.8 million votes) approved Proposition 312. The legislative vehicle for the proposition, HCR 2023, passed in both chambers with bipartisan support earlier this year. 

Major leftist organizations said in their arguments against Proposition 312 that the cities and counties shouldn’t face financial punishment for the acts of the homeless, and reduced tax revenue would hinder funding for community assistance geared toward homelessness. 

Among those to oppose Proposition 312 were Civic Engagement Beyond Voting, Lutheran Social Services of the Southwest, Opportunity Arizona, Fuerte Arts Movement, Living United for Change in Arizona, and the ACLU of Arizona. 

The Common Sense Institute Arizona (CSI) found in a report released last month that the proposition would likely improve property values.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Ballot Measure Addressing Rampant Homelessness Overwhelmingly Passed By Arizonans

Ballot Measure Addressing Rampant Homelessness Overwhelmingly Passed By Arizonans

By Daniel Stefanski |

A ballot measure to protect Arizonans from the rise of unabated homelessness in communities was overwhelmingly passed by voters in the General Election.

Earlier this month, Proposition 312 received almost 60% of the vote, cruising to a smooth victory on Election Night. The measure, which was referred to the ballot from the Arizona Legislature, stipulates that “property owners may apply for a tax refund for expenses incurred due to a governing authority’s failure to enforce certain public nuisance laws on or near the owner’s real property.”

The legislative vehicle for the measure, HCR 2023, was sponsored by House Speaker Ben Toma. It passed both chambers in the Arizona Legislature with bipartisan support and was transmitted to the Secretary of State’s Office in March of this year.

In a statement after the successful passage of the bill out of his chamber, Senate President Warren Petersen said, “There are instances where local governments routinely and repeatedly fail their citizens by not enforcing laws. An example of this would be the City of Phoenix’s handling of the former homeless encampment known as ‘The Zone.’ This area was not only a public safety and public health disaster for those who camped there, but it was also a detriment to the livelihoods of small business owners who set up their shops in the area.”

Petersen added, “Money talks, and as a way to encourage municipalities to enforce the law, Speaker Toma and I teamed up to sponsor HCR 2023/SCR 1006. This measure is a ballot referral that would protect law-abiding citizens. If approved by voters, property owners would be allowed to request a refund for expenses incurred to mitigate the problem, up to the amount of their property tax liability. The funds would be deducted from the local government’s state shared revenue.”

Speaker Toma also had said, “Business owners and residents alike are having their property stolen, vandalized, or terrorized and are desperate for help. That’s why I sponsored HCR2023, to hold our local governments accountable to our community members and to help provide some relief for property owners who have suffered damages because of a city’s purposeful failure to provide the public health and safety services we all pay for.”

The Arizona Chamber of Commerce and Industry, which was instrumental in promoting the proposition, issued a statement following the General Election win, writing, “Arizona voters have sent a clear message: Government, do your job. They do not want our state to become the next San Francisco or Los Angeles. Prop 312 is a win for property owners, businesses, and everyday Arizonans who too often shoulder the costs of unaddressed homelessness.”

The Goldwater Institute, which also pushed for Prop 312’s passage, also took a well-deserved victory lap after the positive result. The organization’s President and CEO, Victor Riches, stated, “The voters sent a clear message this election cycle: they demand their tax dollars be used to enforce the law and address rampant homelessness. Now that Prop 312 is law, business and property owners will not be left holding the bag when municipalities refuse to do their job.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Ballot Measure Addressing Rampant Homelessness Overwhelmingly Passed By Arizonans

Common Sense Institute Releases Report On Proposition 312

By Daniel Stefanksi |

Arizonans looking for more information about a ballot measure that addresses the state’s growing homelessness issues can access vital research from a local think tank organization.

Late last month, the Common Sense Institute Arizona (CSI) released a report “on the economic and fiscal impact of Proposition 312, finding that there is indeed a link between the increase in homelessness and declining property values.”

According to CSI, “Proposition 312 is aimed at tackling Arizona’s growing homelessness crisis, offering property owners the opportunity to receive tax relief for costs incurred due to unmitigated public nuisances, such as homelessness, vandalism, property crime, and drug use.”

The report from CSI found “that under the status quo, property owners in areas with unmitigated public nuisances are seeing their values decrease in real value [while] homelessness is on the rise.”

“The rising rates of crime, homelessness, and drug activity in key areas of Phoenix appear to have taken a toll on property values and overall economic activity,” said Glenn Farley, Director of Policy & Research for CSI. “In this kind of environment of declining relative property values and higher crime rates, there are ongoing problems requiring mitigation – like security and cleanup costs. In practice, though, the real impact is likely to be preventive: local governments may ultimately be more proactive about mitigating these nuisances if this proposal is enacted than they are today.”

The Arizona-based Goldwater Institute took a position in support of Proposition 312 ahead of the November General Election. On its website, the influential organization wrote, “We saw it in Phoenix’s homeless Zone when the city allowed lawlessness to run wild. We saw it in Tucson, too. Amid rampant homelessness, hardworking Arizona taxpayers are being forced to bear the burden of a city’s refusal to do its duty to protect public health and safety, paying out of pocket to install fences, hire security, clean up garbage, human waste, and other hazardous materials themselves. Prop 312 ensures that when government fails to enforce existing laws regarding illegal camping, loitering, pollution, and other nuisances, taxpayers will no longer be forced to foot the bill.”

Proposition 312 was made possible by the Arizona State Legislature earlier this year, when Republicans led the way to pass HCR 2023, which, if eventually passed by state voters in November, would “allow a property owner to apply for a primary property tax refund if the owner documents expenses caused by a city, town or county adopting a policy, pattern or practice which declines to enforce existing laws or the maintaining of a public nuisance” – according to the overview provided by the state House.

In a statement after the successful passage of the bill out of his chamber, Senate President Warren Petersen said, “There are instances where local governments routinely and repeatedly fail their citizens by not enforcing laws. An example of this would be the City of Phoenix’s handling of the former homeless encampment known as ‘The Zone.’ This area was not only a public safety and public health disaster for those who camped there, but it was also a detriment to the livelihoods of small business owners who set up their shops in the area.”

Petersen added, “Money talks, and as a way to encourage municipalities to enforce the law, Speaker Toma and I teamed up to sponsor HCR 2023/SCR 1006. This measure is a ballot referral that would protect law-abiding citizens. If approved by voters, property owners would be allowed to request a refund for expenses incurred to mitigate the problem, up to the amount of their property tax liability. The funds would be deducted from the local government’s state shared revenue.”

The chamber’s president also noted that “all Senate Democrats voted ‘no’” on the referral.

The key findings from CSI about Proposition 312 are as follows:

  • “Problem increasing: Crime, drug overdoses, unsheltered homelessness, and other public nuisances have risen dramatically in Arizona and the greater Phoenix area since 2019. But the impacts are disproportionate: the problem has become more visible in certain parts of the city. This creates a negative economic impact for those parts of the city where local officials have failed to enforce existing laws
  • “Property Value Loss: Commercial properties in Phoenix affected by unmitigated public nuisances have seen market rent appreciation fall to just 15.7% between 2019 and 2023, compared to the citywide rate of 30.2%. This represents up to $2.1 billion in lost property value due to slower appreciation in areas with high levels of homelessness, crime, and public nuisances.
  • “Increased Crime: In areas with high public nuisance activity, the average crime rates for drug offenses, burglaries, robberies, and arson were between 3 to 5 times higher than the Phoenix average, driving up costs for property owners due to increased security measures and property damage.
  • “Impact on Businesses: Businesses located in areas with elevated public nuisance levels experience significantly lower property appreciation and higher vacancy rates. The economic toll of unmitigated public nuisances has made it harder for businesses to thrive in these areas.”

During the legislative process this year, representatives from Barry Goldwater Institute for Public Policy Research, QuikTrip, Arizona Free Enterprise Club, Arizona Chamber of Commerce, Arizona Food Marketing Alliance, and the National Federation of Independent Business, indicated their support for the proposal on the Arizona Legislature’s Request to Speak system. Representatives from the League of Arizona Cities & Towns, Living United for Change in Arizona, Arizona Coalition to End Sexual and Domestic Violence, Professional Fire Fighters of Arizona, Arizona Association of Counties, County Supervisors Association of Arizona, Arizona Housing Coalition, and several state cities and towns, signed in to oppose the measure.

Interested voters can read the full CSI report regarding Prop 312 here.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Report: City Of Phoenix Spent Over $180 Million Since 2021 To Fix Homelessness With Little Impact

Report: City Of Phoenix Spent Over $180 Million Since 2021 To Fix Homelessness With Little Impact

By Staff Reporter |

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.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Ballot Measure Addressing Rampant Homelessness Overwhelmingly Passed By Arizonans

Democrats Claimed A Homeless Phoenix Man Died Of Heat; Drugs Killed Him

By Corinne Murdock |

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.”

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.

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. 

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.

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 told The 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.