Arresting people for sleeping outside is 'cruel,' U.S. Supreme Court affirms

Jessica Boehm | Arizona Republic

Tommie Jones was freezing. His hands and feet stung from the piercing desert cold that swept through Phoenix this time last year.

The 64-year-old had been living on the streets in the Valley on and off for five years. Every night presented the same struggle: Where would he sleep?

That particular night, he ran into a friend who'd assembled a small shelter out of blankets. It was almost daybreak, and his friend had somewhere to be so he let Jones warm up in his refuge.

"I didn't come out of there until 2 in the afternoon," Jones said.

Inclement weather was just one hurdle to finding a place to rest while homeless, Jones said. He also had to account for potential attackers, who would steal the few possessions he had.

And then there were the police.

Jones said he was careful not to camp somewhere with a "no trespassing" sign. Officers could immediately take him to jail if he fell asleep there, he said. Without a sign, there was more leeway, and officers would typically ask him to move instead of threatening arrest.

"You can be at a place and feel safe and secure and then police will come and tell you to leave," Jones said. "I tried to talk to them and get them to see my side, but I understand their side of things, too. They're just doing their job and what they have to do."

'Urban camping' bans ruled illegal

In addition to trespassing laws that keep people from sleeping on private property, most Valley cities also have urban camping laws that make it illegal for people to sleep or assemble shelters in public places.

But with limited shelter beds available, people experiencing homelessness often have no choice but to break the law.

Last year, the U.S. Court of Appeals for the 9th Circuit ruled that the city of Boise, Idaho, had no right to cite people for violating its "urban camping" law. The law is unconstitutional, the court said, and enforcement amounted to cruel and unusual punishment.

This month, the U.S. Supreme Court declined to hear Boise's appeal, essentially affirming the lower court's decision.

Street homelessness is growing. Cities across the country, including those in the Valley, are now grappling with the impacts of the court ruling as they try to reduce the blight caused by encampments.

Unsheltered homelessness on rise

There are at least 6,614 people experiencing homelessness in Maricopa County, according to the annual point-in-time count released by the Maricopa Association of Governments earlier this year.

For the sixth straight year, unsheltered homelessness — people living on the streets, in desert washes, vehicles or another place not meant for habitation — increased.

Unsheltered homelessness used to be a small percentage of the overall homeless population. In 2014, it made up 22%. This year, it was at nearly 50%.

As street homelessness increased, so have complaints about homeless encampments, which led many cities to ramp up enforcement of "urban camping."

When the 9th Circuit decision came down last fall, however, cities scaled back.

The main conclusion the court reached was that governments can't enforce a law that prohibits homeless people from sleeping on the streets when no alternative shelter is available.

"As long as there is no option of sleeping indoors," the court wrote, "the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter."

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Tempe stopped enforcing its law after the ruling. Glendale and Surprise tweaked their laws to say they can only be enforced if shelter is available.

Phoenix kept its law, but Phoenix police Detective Luis Samudio said officers are instructed to offer services before citing violators.

Lisa Glow, executive director of Central Arizona Shelter Services, said the 9th Circuit ruling left a lot of unanswered questions for cities that she was hoping the U.S. Supreme Court would address.

"The cities were looking for guidance on this difficult issue they're facing. What's enforceable, what's not? What does it mean to have available shelter beds?" Glow said.

Currently in the Phoenix area, there are hardly ever available shelter beds.

CASS is the largest shelter, with 470 beds. It is one of the only shelters that accepts everyone, regardless of circumstance. It turns away hundreds of people seeking shelter every month.

In addition to rising numbers of people experiencing homelessness, there are also fewer shelter beds in the Valley. Beds have decreased by about 30% since 2014 as agencies have shifted funding away from shelters and into housing programs, according to local officials.

"We know we need more shelter beds throughout Maricopa County," Glow said.

Shelter doesn't always feel safe

Even when beds are available at the central Phoenix shelter, some people would rather risk police interaction than go to CASS.

Jones said as a senior, he didn't always feel safe at the shelter. He preferred to find a place to sleep behind a vacant structure with a few people he knew.

It was a more secure situation than entering the shelter, he said.

While he was living on the streets, Jones tried to find permanent housing help through voucher programs offered by local government agencies. But demand for affordable housing also outpaces the vast and growing need.

Jones said he got on multiple waiting lists for subsidized senior housing, but was often told the wait was at least a year.

He said it was also challenging to maintain contact with the affordable housing complexes because he had his cellphone stolen multiple times while on the streets.

"I got a little discouraged there," Jones said. "But I just kind of kept at it and kept at it."

Phoenix homelessness initiative

Phoenix started a program in late 2017 that allows residents to report homeless encampments and encourages police officers to offer services to people experiencing homelessness prior to making arrests for trespassing or urban camping violations.

Phoenix CARES (Community Action Response Engagement Services) is a coordinated effort among police, human services and neighborhood services with the goal of decreasing blight and connecting people experiencing homelessness with services.

The program streamlines complaints by providing one phone number (602-262-6251) and a website for residents to use to report homeless encampments.

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Once the city receives a complaint, it deploys one of nine "outreach teams," trained professionals from Community Bridges who attempt to engage the individuals at the encampment and offer services ranging from detox programs to housing options.

If police officers come into contact with individuals experiencing homelessness, they can also ask for an outreach team to intervene.

Later, neighborhood services workers go out and clean up any blight left behind from the homeless encampment.

In the first eight months that the city tracked data, residents reported more than 1,500 encampments.

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Although downtown and open spaces, like parks and greenbelts, saw a large number of repeat complaints, residents reported encampments in nearly every corner of the city.

In this year's budget, the city also included additional funding to hire new employees to connect people experiencing homelessness with resources and prevent evictions.

Phoenix also hired a housing czar that will survey city-owned land to see if there are opportunities to build new affordable housing projects on land the city already owns.

'There is hope'

On Dec. 13, Jones moved into a senior housing apartment complex in Avondale.

He'd been on the waiting list for a housing voucher for the apartment for about a year.

Jones now has hardwood floors, his own washer and dryer, and a permanent address he's already memorized.

"It is so awesome. It's incredible. If this was a regular apartment someplace, it would probably rent for $1,000 a month," Jones said.

When he moved in, he didn't have anything to fill his new space with, but some of his new neighbors came by with a few things they'd planned to donate: a queen-size air mattress, food for the cabinets, plates, a desk and a 25-inch, flat-screen TV.

"It still makes you believe in the humanness in humanity," Jones said.

Jones still spends a lot of time on the streets. Recently, he donned a light-up Santa hat that he found at the dollar store and stopped to talk with others still experiencing homelessness.

He told them his story of hope and listened to theirs, and he told them about the organizations that provide food and resources.

"I just want to let people know there is hope and to keep their heads up and keep on going," Jones said.

How to help

There are dozens of local organizations that provide services to people experiencing homelessness.

Most of them have volunteer opportunities and accept new and gently used items to help them support individuals in need.

Here are some of the items each organization typically needs:

ANDRE HOUSE:

About: "Hospitality, dinner service, prayer and transitional housing."

Address: 213 S. 11th Ave., Phoenix, AZ 85007.

Needs: Blankets, bottled water, bath towels, washcloths, plus-size women's and men's clothing, shoe laces, large men's shoes, shampoo, conditioner, shower gel, nail clippers and more.

A NEW LEAF:

About: "Helps individuals and families with resources; shelter, housing solutions, foster care, counseling, etc."

Address: Locations in Mesa and Surprise.

Needs: Nonperishable food.

CENTRAL ARIZONA SHELTER SERVICES:

About: "Emergency shelter for those experiencing homelessness."

Address: 230 S. 12th Ave., Phoenix, AZ 85007.

Needs: Seasonal clothing of all sizes, cleaning supplies, hygiene items, nonperishable food, baby formula, cooking supplies, household items, offices supplies, gift cards and more.

CIRCLE THE CITY:

About: "Medical care and respite for individuals experiencing homelessness."

Address: Multiple locations in Phoenix.

Needs: "Kindness kits," a gallon-size Ziploc bag that includes one bottle of water, one granola bar, one Chapstick, one deodorant (travel size), a flyer about The Parsons Family Health Center and other small items like toothbrushes, gift cards to fast-food restaurants, bus passes and notes of encouragement.

CHRYSALIS:

About: "Serves individuals and families impacted by domestic abuse."

Address: 2055 W. Northern Ave., Phoenix, AZ 85021.

Needs: Bedding, bathroom supplies, hygiene supplies, clothing, kitchen supplies, cleaning supplies, diapers, baby wipes, baby monitors, instant formula, office supplies and more.

DREAM CENTER:

About: "Programmatic housing services for human trafficking, foster care and addiction recovery."

Address: 3210 Grand Ave., Phoenix, AZ 85017.

Needs: Nonperishable food, school supplies, baby supplies, first-aid supplies, hygiene supplies and cleaning supplies.

FAMILY PROMISE:

About: "Emergency shelter, case management, counseling, enrichment programs."

Address: 7221 E. Belleview St., Scottsdale, AZ 85257.

Needs: Toys, baby items, housewares, dishes, pots and pans, small appliances, cleaning supplies, diapers and office supplies.

FURNISHING DIGNITY:

About: "Helps individuals and families by providing furnishings and other essential household items to transform a house into a home."

Address: Valley-wide.

Needs: New or gently used household items.

HEAVEN'S HEALING HANDS:

About: "Works to restore dignity to veterans while transforming homelessness, bridging services and creating hope."

Address: Peoria.

Needs: Clothes, shoes, underwear, socks, toothbrushes, travel-size toothpaste, travel-size deodorant, travel-size wet wipes, feminine hygiene products and travel-size liquid soap.

HOMEWARD BOUND:

About: "Serves the needs of families going through homelessness."

Address: 2302 W. Colter St., Phoenix, AZ 85015.

Needs: Water bottles, kitchen items, nonperishable food and cleaning items.

HOUSE OF REFUGE:

About: "Helps homeless families in crisis by providing transitional housing and supportive services."

Address: 6858 E. Ursula Ave., Mesa, AZ 85212.

Needs: Shoes, sheets, towels, toiletries, sponges, laundry detergent, boxed cereal, canned goods, cleaning supplies, furniture, kitchenware and more.

HUMAN SERVICES CAMPUS:

About: "Serves individuals experiencing homelessness in Maricopa County and assist homeless population to self-sufficiency."

Address: 204 S. 12th Ave., Phoenix, AZ 85007.

Needs: Food, water bottles, small household appliances, household cleaning supplies, toiletries, laundry detergent, coffee, backpacks, day planners, undergarments, inflatable mattresses, dinette sets, linens, flatware, gift cards, bus passes and more.

AZCEND:

About: "Emergency shelter, meals and case management for individuals experiencing homelessness."

Address: 345 S. California St., Chandler, AZ 85225.

Needs: Peanut butter, cereal, tuna, whole wheat pasta, pasta sauce, soup, canned fruit and vegetables, rice, beans and other nonperishable food.

JUSTA CENTER:

About: "A place dedicated to seniors, age 55 and older, who... want a trusted partner, support, and access to resources while (they) work on returning to stable housing."

Address: 1001 W. Jefferson St., Phoenix, AZ 85007

Needs: Plastic utensils, coffee, cleaning supplies, toiletries, postage stamps, copy paper, bath towels, plastic shower curtains, small luggage, backpacks, Gatorade, bottled water, ice packs, shoes, umbrellas, hats, sunscreen, furniture and more.

LUTHERAN SOCIAL SERVICES OF THE SOUTHWEST:

About: "Provides emergency shelter and case management to those experiencing homelessness."

Address: Multiple locations across Arizona.

Needs: Gas gift cards, grocery gift cards, bus passes, diapers, bottled water, women's hygiene items, personal hygiene items, fans, nonperishable food, kitchen supplies.

MAGGIE'S PLACE:

About: "Provides houses of hospitality and ongoing support to help pregnant and parenting women in need."

Address: Locations in Phoenix, Tempe, Glendale and Mesa.

Needs: Women's clothing, baby clothing, baby items, shoes, small household items, kitchen items, furniture and more.

NATIVE AMERICAN CONNECTIONS:

About: "Helps individuals and families through Native American culturally-appropriate behavioral health, affordable housing and community development services."

Address: Multiple locations across Phoenix and Glendale.

Needs: Food, housewares, kitchen supplies, hygiene supplies, diapers, gift cards, building and maintenance supplies, clothes and shoes.

PAZ DE CRISTO:

About: "Helps people struggling with hunger, poverty and homelessness."

Address: 424 W. Broadway Road, Mesa, AZ 85210.

Needs: Jelly, new socks, underwear and T-shirts.

PHOENIX RESCUE MISSION:

About: "A place of hope, healing, and new beginnings for men, women, and children in our community struggling with homelessness, addiction, and trauma."

Address: Multiple locations in Phoenix and Glendale.

Needs: Hygiene items, socks, underwear, bras, food, first-aid supplies, bath towels, twin sheets, spiral notebooks and pens.

THE RUSTY SPOKE BICYCLE COLLECTIVE:

About: "Provides bicycles, support and knowledge for the homeless and low-income communities in Downtown Phoenix."

Address: 740 W. Grant St., Phoenix, AZ 85016.

Needs: Bicycles, bike parts, volunteers.

SALVATION ARMY:

About: "Works to provide homeless families the support and services they need on their path towards regaining self-sufficiency."

Address: 2707 E. Van Buren St., Phoenix, AZ 85008.

Needs: Furniture, clothing, automobiles, household goods and appliances.

SAVE THE FAMILY:

About: "Equips families to address poverty, overcome homelessness and achieve self-sufficiency."

Address: 125 E. University Dr., Mesa, AZ 85201.

Needs: Diapers, household items, hygiene items, cereal, granola bars, juice boxes, applesauce, graham crackers, macaroni and cheese, fruit cups and Spaghetti O's.

SOJOURNER CENTER:

About: "Committed to transforming lives and creating a world free from domestic violence."

Address: 2330 E. Fillmore St., Phoenix, AZ 85006.

Needs: Clothing, socks, underwear, shoes, alarm clocks, blankets, twin sheets, full sheets, pillows, towel sets, cosmetics, feminine hygiene products, shampoo, conditioner, solid deodorant, body lotion and body wash.

ST. JOSEPH THE WORKER:

About: "Transforms lives through employment by helping individuals return to the workforce and become self-sufficient, productive members of society."

Address: 1125 W. Jackson St., Phoenix, AZ 85007.

Needs: Clothing, accessories, footwear, office items and hygiene products.

THE SOCIETY OF ST. VINCENT DE PAUL:

About: "Dedicated to feeding, clothing, housing and healing individuals and families in our community who have nowhere else to turn."

Address: Multiple locations across Arizona.

Needs: Canned food, water, clothing, shoes, accessories, building supplies, toiletries, school supplies, diapers and toys.

TEMPE COMMUNITY ACTION AGENCY:

About: Offering programs that address hunger relief, support for senior independence, homelessness prevention and intervention.

Address: 2146 E. Apache Blvd., Tempe, AZ 85281.

Needs: Nonperishable foods and water bottles.

UMOM NEW DAY CENTER:

About: Restores hope and rebuilds lives by providing shelter, services and affordable housing for families, youth and individuals experiencing homelessness.

Address: 3333 E. Van Buren St., Phoenix, AZ 85008.

Needs: Hygiene products, cleaning supplies, food, infant care supplies, household supplies, furniture, mattresses, clothing, adult bikes, strollers and kids books.

Arizona Republic reporters Chase Hunter and Jen Fifield contributed to this story.

Reach the reporter at jessica.boehm@gannett.com or 480-694-1823. Follow her on Twitter @jboehm_NEWS.