Cities enforcing camping bans are not subjecting individuals to cruel and unusual punishment, according to the Supreme Court's majority opinion in Grants Pass v. Johnson, issued on Friday. This landmark decision overturns the Ninth Circuit ruling in Martin v. Boise, which previously determined that cities could not arrest individuals for sleeping outside if adequate shelter space was unavailable. The Ninth Circuit ruling had created significant confusion for cities like Phoenix, complicating their response to homelessness.

Phoenix has long grappled with this issue, facing conflicting lawsuits over its management of encampments. One significant case involves the ACLU of Arizona, which filed a lawsuit in federal court on behalf of the Fund For Empowerment and other plaintiffs, challenging the City of Phoenix's homeless sweeps and citations. In this case, a preliminary injunction prohibited Phoenix police from citing unsheltered individuals for camping if no shelter bed or public space was available. This injunction was supported by a lengthy Department of Justice investigation, which concluded that the City of Phoenix and the Phoenix Police Department's treatment of the unsheltered population was unconstitutional. The investigation found that the city’s actions were in violation of the Eighth Amendment, which prohibits cruel and unusual punishment, and highlighted systemic issues in the treatment and management of homeless individuals.

Concurrently, Phoenix is contending with another lawsuit in Maricopa County Superior Court, where property owners sued the city for failing to maintain cleanliness and safety in "The Zone," an area in downtown Phoenix that was once the city’s largest homeless encampment. The judge in this case ordered the city to clear the encampment, a decision Phoenix is currently appealing. The city argues that without sufficient shelter space, clearing the encampment could lead to further humanitarian issues and legal challenges.

Amid these legal battles, Phoenix has made substantial efforts to expand its shelter capacity and revise its encampment cleaning procedures. In a bid to address homelessness more humanely and effectively, the Phoenix City Council passed an updated camping ban last month. This new ordinance, which will take effect in September 2024, prohibits camping within 500 feet of schools, parks, and shelters. Individuals in violation of this ban could face fines or misdemeanor charges. The Supreme Court's ruling provides the city with clearer enforcement guidelines, allowing Phoenix to implement the ordinance more effectively.

Jared Keenan, Legal Director for the ACLU of Arizona, expressed disappointment with the Supreme Court's decision, stating, "It’s hard to think of a clearer example of excessive punishment than charging someone with a fine or even jail time for sleeping in public when there’s no place else for them to go."

In response to the ruling, a spokesperson for the City of Phoenix issued a statement via email:

"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."

Recent data from the 2024 Maricopa County Point-in-Time Count reported a 19 percent decrease in unsheltered homelessness within Phoenix, marking the first annual reduction in homelessness in Maricopa County since 2017. This decrease is attributed to the city's extensive efforts to provide more shelter options and services to those in need. Over the past several years, Phoenix has prioritized creating more indoor shelter, with plans to add 790 new permanent shelter beds in 2024 and 2025. In 2023 alone, 480 temporary beds were added to meet immediate needs, while 592 permanent beds were added in 2022. These efforts underscore the city’s commitment to offering a pathway off the streets and into stable housing.

However, city officials recognize that providing shelter alone does not end homelessness. Phoenix’s approach includes comprehensive solutions such as affordable housing initiatives and prevention supports. The city is working diligently to create sustainable solutions, investing in services that address the root causes of homelessness and support long-term stability for its residents.

In addition to shelter expansion, Phoenix has improved its encampment cleaning protocols to be more humane and effective. These changes aim to balance public health and safety concerns with the dignity and needs of the homeless population. The city's investments in shelter and services also help alleviate the burden on neighborhoods, parks, transit stops, and other public areas, addressing concerns from both residents and business owners.

Phoenix remains committed to ending homelessness through a multifaceted approach that includes collaboration with state and federal agencies, non-profit organizations, and community stakeholders. The city continues to explore innovative solutions and best practices to ensure that all residents have access to safe, stable, and affordable housing.

As the legal landscape evolves, Phoenix is prepared to adapt its strategies and programs to remain in compliance with court rulings while striving to meet the needs of its most vulnerable residents. The city’s leadership emphasizes the importance of compassion, dignity, and respect in all efforts to address homelessness, aiming to build a community where everyone has the opportunity to thrive.