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Judge orders Phoenix to stop sweeps of homeless encampments

Homeless Encampment Lawsuit
Posted at 4:27 PM, Dec 16, 2022
and last updated 2022-12-16 18:27:46-05

PHOENIX (AP) — A federal judge has temporarily halted the city of Phoenix from conducting sweeps of a huge homeless encampment downtown.

Judge Murray Snow issued an emergency injunction Thursday in response to a lawsuit filed in U.S. District Court by the ACLU of Arizona.

The order prohibits authorities from enforcing sleeping and camping bans on anyone who cannot obtain a bed in a shelter. They also cannot seize property unless it is contraband or somehow a threat.

However, the judge says the injunction does not stop the city from carrying out “enhanced cleanup plans” in “the Zone,” the name given for the area where homeless often camp out.

In its complaint, the ACLU says the sweeps have displaced people and destroyed important belongings such as identification documents and prescription medications.

Previously, the city of Phoenix conducted sweeps three times a week, dispatching city workers accompanied by police officers, often in the predawn hours without warning.

“Today’s ruling affirms the city must do more to protect the constitutional rights of the unsheltered community," said Benjamin Rundall, an ACLU of Arizona attorney. "Because of this injunction, unsheltered people won’t be at risk of losing essential belongings, receiving unconstitutional citations, and experiencing further trauma at the hands of the city and Phoenix PD. ”

City officials did not immediately respond Friday to a message seeking comment.

The sweeps were paused at the beginning of this year. But officials previously have said they have taken strategies to combat homelessness, including dedicating nearly $50 million during the last fiscal year to shelters and other services. The city added 592 new beds to homeless shelters this year.

The federal complaint is the latest move in an ongoing tug-of-war between advocates and cities in Western states over how best to tackle the problem of homelessness.

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