As a response to both a U.S. Supreme Court ruling and the passage of Proposition 312 in Arizona, the city of Tempe has declared its intent to intensify the enforcement of its urban camping ordinance. According to the Phoenix New Times, the ordinance bars the use of public property for housing purposes and includes prohibitions against activities like making fires, storing personal items, or laying down bedding for sleeping in public spaces.
The city's decision is grounded in the June decision by the Supreme Court in Grants Pass v. Johnson, which confirmed that cities could prohibit homeless individuals from sleeping outside without it being considered cruel and unusual punishment. The expansion of enforcement efforts happens to come after the recent approval by Arizona voters of Proposition 312, which allows property owners to sue cities if public nuisance laws are not actively enforced, thereby pressuring cities to act on issues like illegal camping.
Tempe officials have stated that those in violation of the ordinance will initially be offered outreach services and will receive a warning. Subsequent infractions will result in citations for a class 1 misdemeanor, which carries the possibility of a fine up to $2,500 or up to six months of imprisonment. However, representatives for the unhoused have raised concerns about the nature of the assistance being offered. "Often it's just detox or mental health, and the majority of people don't qualify," Elizabeth Venable, founder of Fund for Empowerment, expressed to Phoenix New Times in an interview.
The strict enforcement announced by Tempe follows a pattern of similar measures in neighboring cities. As AZ Family reported, Phoenix and Surprise have enacted ordinances targeting homeless camping, and the Mesa City Council has also put forth a law outlawing urban camping on all city property. These legislative actions reflect a growing trend of municipalities taking a harder stance on homelessness that is visible within the public space.
Constitutional law expert, Robert McWhirter, weighed in on the conversation, stating in a statement obtained by AZ Family, "Most people with the status of “homeless” are not there because of their choice. They would much rather have other choices." Meanwhile, concerns continue to rise among advocates for the homeless in Tempe regarding the true effectiveness and humane aspect of such policies amidst a housing and services infrastructure that they deem unsatisfactory.
