Title
Consideration of Citizen Petition Related to Urban Camping
Description
This report provides the City Council with information in response to a citizen petition submitted by Elizabeth Venable at the March 6, 2019 Formal City Council meeting regarding "Right to Sleep, Right to Survive." Attachment A.
Report
Summary
The petitioner requests the City Council to "repeal" urban camping laws and enforcement for trespassing for sleeping. The City of Phoenix recognizes that individuals experiencing homelessness have complex needs requiring a comprehensive approach focused on leading with services. Currently, the City invests over $4 million in Federal, State, and local dollars to provide services in the areas of homeless outreach and engagement, Veteran navigation and coordination, emergency shelter, rent and utility deposits, wrap-around support and permanent supportive housing. Populations assisted include families with children, single men and women, unaccompanied and LGBTQ youth, Veterans, persons with general mental health and/or substance abuse concerns, and victims of domestic violence.
Within this comprehensive model, several unique programs have been implemented including the following:
PHX C.A.R.E.S. (Community, Action, Response, Engagement Services) was developed in response to significant increases in request for services related to persons living without shelter in neighborhoods, parks, and other public spaces. The City provides a coordinated response leading with services for individuals experiencing homelessness through outreach teams while addressing the impact, such as encampments, that homelessness has on neighborhoods. Community Bridges, Inc. is contracted to provide outreach and navigation services. Six teams focus on outreach (connecting unsheltered individuals with services and housing options), two teams are dedicated "navigators" providing intensive case management for individuals experiencing homelessness and one team conducts outreach solely on and adjacent to the Light Rail. These teams conduct outreach seven days a week from 5 a.m. to 11 p.m.
The Smart Justice Program, led by the City Prosecutor's Community Prosecution Bureau in close partnership with the Police and Human Services Departments, implemented programming sensitive to the unique needs of persons who are experiencing homelessness and who become justice involved. The departments work collaboratively to develop the best plan for each individual to reduce crime and recidivism and increase independence and quality of life. This focus on smart justice also includes the City's Veterans and Behavioral Health specialty courts. The City contracts with Southwest Behavioral Health for two navigators who work directly with the Police and Prosecutor's Office to provide court ordered services and follow-up to eligible repeat offenders.
While the City leads with services when interacting with individuals experiencing homelessness, the City also respects the values and rights of its greater community. The actions of individuals are balanced with the rights of homeowners and businesses to personal safety and enjoyment of their properties. Ever aware of the ebb and flow of the needs of all these groups, the City continually assesses laws and cases to provide guidance to service providers and best balance everyone's rights and interests.
For years now, the City has taken guidance from court cases involving individuals experiencing homelessness. Among the more recent cases is the September 2018 Ninth Circuit Court of Appeals case of Martin v. City of Boise cited in the petition. Boise held it would violate the Eighth Amendment to enforce "criminal sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative shelter is available to them." However, Boise also noted there are situations that could support law enforcement actions, including "prohibiting sitting, lying, or sleeping outside at particular times or in particular locations" or "barring the obstruction of public rights of way or the erection of certain structures." As with many cases, the appropriateness of a criminal justice response will depend on the unique facts of each situation.
Not only was the City aware of this 2018 Boise case, but the City engaged in, and continues to engage in, multiple efforts to ensure that the City's interactions with individuals experiencing homelessness follows Boise's guidance. The Police Department provided its officers training, including a Law Bulletin, on the Boise case within a month of the case being published, and in-person discussions about Boise between the Police Department and its legal advisors. The Prosecutor's Office conducted periodic reviews of City Code camping citations to ensure factual sufficiency. Finally, as noted earlier, all City departments regularly collaborate to ensure a coordinated response and the discussion of Boise has been a part of that collaboration.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr., Assistant City Manager Deanna Jonovich, and the Human Services, Police, and Law departments.