The Zone: Judge hears arguments for why cleanup rules should be loosened

PHOENIX - A judge heard arguments on Oct. 17 for why the City of Phoenix believes it should have some more leeway in its efforts to clean up a homeless encampment near Downtown Phoenix that is known as "The Zone."

On Sept. 20, Maricopa County Superior Court Judge Scott A. Blaney issued a ruling on a lawsuit that was filed in connection with the encampment, in which he banned the city from "continuing to maintain a public nuisance on the public property in The Zone," as well as requiring the city to, among other things, abate the nuisance, including the removal of all tents and other makeshift structures, by Nov. 4, 2023.

The judge's order allows enforcement of camping and sleeping bans in The Zone, so long as there is a shelter bed available. City officials are asking for an expansion of that rule to include an ‘alternative public outdoor space,' as the city is working on converting a nearby property into a campground, with bathrooms and showers.

There are still more than 500 homeless people living on the streets downtown.

At one point in June, there were more than 900 people living in The Zone. Five months into the cleanup effort, the city says about 78% of people they’ve come in contact with, 260 people, have accepted services and moved into a shelter.

All 900 beds at the Human Services Campus are full.

The fate of the remaining homeless population remains in question. Because of a federal restraining order, the city cannot kick them off of the streets using its anti-camping and anti-sleeping laws without providing them with another public space to move to.

"They've always been able to enforce those ordinances if they can provide appropriate shelter. I think residents of Phoenix should ask why can't they provide appropriate shelter? What's taking so long? They have the funds, they have the resources, they have all the time, why are they not able to do it?" said attorney, Benjamin Rundall.

The city plans to turn an empty lot in downtown into an authorized public space for the homeless to camp – but it’s not ready.

In order to follow the federal court order, the site must provide access to bathrooms and basic services. But, if the city doesn’t clear out The Zone by Nov. 4, it violates a state court deadline.

"Have they tried to come up with alternative spaces for people other than The Zone? No, they haven't. They've been doing this block-by-block approach," Rundall said.

The city is scheduled to clean up another block of The Zone, along Madison between 12th and 13th avenues, on Oct. 18.