Photo source: American Psychological Association, “Laws banning sleeping outdoors criminalize homelessness,” Oct.1, 2024
FOR THOSE WITHOUT SHELTER WINTER IS COMING
It has been estimated that each year approximately 5 million U.S. residents lose their housing because they can no longer afford it, resulting in evictions and foreclosures. For the majority, this will be there first experience with homelessness, and most are able to find shelter with the help and support of friends, family, government, and private social service agencies. But the demand for housing exceeds the supply, and those who cannot find shelter or due to mental illness or addiction, are incapable of locating it, find themselves living on the streets.
Despite the best efforts of Allen Skillicorn and other alarmists, to convince us otherwise, the reasonable residents of Fountain Hills recognize that, with very few exceptions, those who live in or pass through our town can go to sleep every night with a roof over their heads. That is not the case in many other towns and cities in Maricopa County or the United States.
The Maricopa County Association of Governments (“MAG”) participates in the Continuum of Care program (“CoC”), a national community focused approach to ending homelessness. Since 1999 MAG has provided staffing and financial support to the Maricopa County CoC.
Each year the CoC conducts a survey to identify the number of people who are without housing or living in shelters on a single day – the “point in time”. Shelter outreach teams and volunteers participate in this effort. The results of the survey are analyzed to determine what, if any, progress has been made in reducing the number of people who are unhoused; how to allocate existing resources; and what additional resources are needed.
According to the Point in Time (“PIT”) survey conducted on Jan. 22, 2024, there were 4,076 residents of Maricopa County who were without housing, a 17 percent decrease from the prior year. On that same date, there were 5,359 people in emergency shelters or transitional housing, a 13 percent increase from the prior year. According to the national PIT report, on Jan. 21, 2024, 653,104 people were without shelter, a 12 percent increase from the prior year.
Is a crackdown coming?
Until recently, local governments were reluctant to attempt to curb homelessness by imposing criminal penalties based, in part, on the belief that it would be unconstitutional. This belief was based on case law, like the Ninth Circuit’s decision in Martin v. Boise, where the court found that imposing criminal penalties on individuals without shelter violated the Eighth Amendment’s prohibition against cruel and unusual punishment. According to the Ninth Circuit, “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”
Local governments no longer need to be concerned with constitutional constraints on their power to punish the homeless for the crime of sleeping on the streets. In July of this year the United States Supreme Court issued its ruling in the case of Grants Pass v. Johnson. The Supreme Court found that laws, regulations and ordinances that ban sleeping or camping on public property and impose criminal penalties on individuals who violate the bans do not violate the Eighth Amendment.
Last year, in the aftermath of the controversy, sparked by Councilmember Skillicorn’s relentless fear mongering, the Fountain Hills Town Council enacted an ordinance (11-3-2 ) that makes it unlawful for an individual to use a public street, alley, lane, parkway, or other right of way to lie down, sleep, or remain in a sitting position. The Town Council also enacted an ordinance (11-3-3) that prohibits camping in any public park or place except where specifically authorized. Section 11-3-4 of the Town Code provides that individual violators will be subject to civil penalties as provided in Article 1-8: fines ranging from $250 to $2,500 depending on the number of infractions. Criminal sanctions can also be imposed on “habitual offenders.” The Town Code currently provides that civil and criminal penalties can be avoided if the person consents to be taken to a facility providing social services related to “mental health, housing, and/or substance abuse.” The Town Council determined that it would partner with local social service agencies to provide emergency and transitional housing.
It is important to note that Arizona is in the Ninth Circuit and until the Supreme Court’s recent decision, local and state governments were bound by that court’s determination that criminal penalties could not be imposed for the violation of bans on outdoor sleeping and camping if there was no alternative housing provided. Now that the constitutional constraint has been lifted it remains to be seen whether local governments will begin issuing tickets, imposing fines, and jailing the most vulnerable members of our community. We feel confident that at least one Town Councilmember will be eager to “lock them all up.” Hopefully, the majority of the Town Council will reject that option.
Public officials more interested in the welfare of the community than grandstanding will not support a crackdown. Both compassion and common-sense weigh heavily in favor of rejecting a crackdown. There is irrefutable evidence that issuing a ticket to or assessing a fine against a person with no resources does not curb homelessness. It has been established that the homeless who are cited rarely show up for court appearances and have no money to pay the resulting fines. In addition, a crackdown would be fiscally irresponsible.
A crackdown would divert administrative, police, and court resources at considerable expense to taxpayers. Arresting and jailing those who do not comply is an extraordinarily expensive exercise in futility. Four years ago, the cost of booking and jailing a person for a single day in Maricopa County was $500.
We do not need more people in Arizona jails. The increase in Arizona’s prison population during the past two decades is more than double the increase in the state’s general population.
Will local governments feel compelled by Proposition 312 to stage a crackdown?
Despite the evidence that punitive laws and ordinances targeting the homeless are both ineffectual and expensive, local governments may believe that they have been placed between a rock and hard place by Proposition 312.
In November, Arizona voters approved the proposition, which calls for the amendment state law to authorize the owners of private property to receive property tax refunds for amounts they incur for “private mitigation efforts” if it is determined that their local government has not taken sufficient action to curb homelessness by enforcing laws outlawing “camping, blocking roads, panhandling, or urinating and defecating in public.” Private mitigation efforts include the cost of installing and operating security cameras, hiring private security, and cleaning up the property.
The irony of Proposition 312 is that it threatens to make it impossible for local governments to pursue the only remedy found to effectively address all the maladies associated with homelessness: housing. To avoid the expense of litigation with disgruntled residents and the loss of property tax revenue, local governments may feel compelled to aggressively enforce existing bans. Revenue will be diverted to enforcement, the enforcement will fail, and the property tax revenue will still be forfeited when property owners establish that people are still living on the streets.
Compassionate and prudent local legislators could respond to this dilemma by rescinding their punitive ordinances and allocating funds to work with social service agencies and community volunteers to provide housing and treatment for those who need it. But that is unlikely to happen in our current political climate where compassion is viewed as a liberal conceit. The alternative is the one adopted by a majority of the Fountain Hills Town Council last year: Give the “violators” the opportunity to avoid civil or criminal penalties if they consent to be taken to a facility providing social services related to “mental health, housing and/or substance abuse.”
WHAT CAN WE DO?
Volunteer to Help with the PIT Count
The CoC relies on the data collected during the annual PIT survey to identify the needs of the unhoused in our community and how to best allocate resources to address those needs. This work is essential to our ability to understand and address the scope of the challenge in our community.
This year the PIT count is scheduled for January 28, 2025. Justin Weldy is the volunteer coordinator for Fountain Hills. Please consider volunteering to assist in the process by contacting Mr. Weldy at: jweldy@fountainhillsaz.gov.
Let the Mayor and Town Council know that you are opposed to a “crackdown”.
We can only hope that the recently elected council will resist the urge to participate in a crackdown and continue to follow the common-sense approach to addressing one of our society’s most intractable problems. However, we need to monitor the current council and be prepared to communicate our opposition to ordinances or resolutions that would punish the homeless in our community.
Be watchful for and generous to the unhoused.
As you travel through our Town keep an eye out for those in need. If you can do so safely, approach them, introduce yourself and ask if there is something you can do for them.
The congregation of The Fountains United Methodist Church (15300 N Fountain Hills Blvd.) has prepared “Blessings Bags” to distribute to those in need. Each bag contains a simple meal, energy bar, water, toiletries, socks and underwear. The bags are kept on tables in the Church vestibule. You can pick up a bag or bags from the church or make your own to carry in the trunk of your car.
You can also help those you encounter who appear to be without shelter by directing them to available community resources.
Fountain Hills has a contract with Central Arizona Shelter Services (“CASS”) to provide housing to single adults experiencing homelessness in our town. The individual must be referred for these services by a designated representative of the Town or the MCSO. To obtain basic information about CASS services and their programs by calling 602-256-6945. In the alternative, to connect a deputy with the person in need call the MCSO non-emergency number 602-876-1011. Where appropriate the deputy can present options, arrange transportation and contact CASS on behalf of the Town.
New Leaf is another local resource for the unhoused. The telephone number for New Leaf Centralized Services is 877-211-866. The number for Family Housing that may be available through New Leaf is 602-595-8700.
Consider programming these numbers into your phone and writing them on post it notes to carry with you or include in the Essentials Bags you distribute.
Winter is coming and we need to do what we can to help those in need get through it safely