Tempe begins enforcing camping ordinance to comply with Prop 312 and Supreme Court decision

Tempe the latest city to enforce camping ordinance

The city of Tempe becomes the latest city in the Valley to crackdown on urban camping citing the passage of Prop 312 in the November election and the Supreme Court's Grants Pass decision earlier this year as the reasons for enforcement. FOX 10's Lauren Clark has the story.

TEMPE, Ariz. - The city of Tempe is cracking down on its camping ordinance, saying the policy will now be strictly enforced, but not everyone thinks this is the right move.

Tempe points to two things that sparked the decision: first, a recent Supreme Court ruling and second, the passage of Prop 312 in the November election.

The city says it’s necessary for health and safety, while homeless advocates say it will solve little.

When it comes to enforcing the city of Tempe’s urban camping ordinance, Director of Health and Human Services Tim Burch says it all comes down to balancing.

"We know as a community, as a local government, we need to balance the needs of all of our residents: our unhoused neighbors who are experiencing challenges but also our homeowners, property owners who are trying to avail themselves of our local amenities such as parks," Burch says.

Which is why, he says, the city will now be strictly enforcing its code. Tempe city code 23-90 was originally passed in 1997. It prohibits anyone from using public property as housing, including pitching tents or building shelters in parks, preserves, alleys or bus stops. It also bans activities like making fires or laying down bedding for sleeping.

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The city says those who aren’t in compliance will be given a warning and offered services.

Unlike years past where people got several days to correct the issue—the city says now people will be given a few hours.

Those who continue to violate the ordinance will be cited and could be subject to fines or jail time.

"This will not change the fact that our Tempe Police Officers and Tempe Park Rangers, who are our two largest referrals to our homeless outreach team, will continue to lead with compassion and service as a part of this," Burch says.

The move by Tempe is happening across the country and here in Arizona.

Goodyear, Phoenix and Mesa have also recently banned urban camping.

A recent Supreme Court decision - Grants Pass v Johnson - helped spark the bans and is now re-shaping local policies.

This June, the 6-3 opinion held that local governments can enforce camping violations against those who are unhoused.

Burch points both to that ruling and the recent passage of Prop 312, which allows for property owners to apply for a refund from cities for costs related to urban camping if the city does not enforce ordinances as the underlying purpose for the city’s move.

He says the enforcement is not intended to punish, but rather help those in need. But not everyone agrees.

"They’re citing Grant’s Pass as a reason for doing this, but legality does not equate to morality," says homeless advocate Austin Davis.

"This is not the correct way to address homelessness. This is actually the most harmful way I could imagine."

In his view, the enforcement will harm, not help, those on the streets.

"Banning people from every public space. Making it illegal to exist as a homeless person in public, that is taking away people’s human rights," Davis says.

An assertion the city pushes back on.

"What we want to do in the city of Tempe is to make sure homelessness is rare, brief and one time. And getting individuals off the street, into places built for habitation—with services—with food and heating now that it’s getting cold, is what’s best for them," said Burch.

The city of Tempe says there are resources for those who need help, including the City of Tempe Care & Hope Line at 480–350-8004.