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Phoenix advocates disappointed by SCOTUS homelessness ruling

bedding for homeless
Jackie Hai/KJZZ
Bedding is laid out for homeless guests staying overnight at Grace Community Church through Tempe Community Action Agency's I-HELP.

The Supreme Court released a decision that reversed a lower court’s ruling, which said bans on sleeping outside or camping on public property are cruel and unusual without offering somewhere for people to go.

Phoenix-based advocates expressed their frustration with the decision.

Amy Schwabenlender is the CEO of Key Campus, which serves unsheltered people near downtown Phoenix. She disagreed with the ruling, saying there are other approaches to getting people indoors.

“It's not about arresting – it's not about moving people along or sweeping them out of areas,” said Schwabenlender. “It is helping unhoused, unsheltered people find an indoor place to be on an emergency basis. And then it's helping them find their next permanent, affordable home.”

But Schwabenlender said there still isn’t nearly enough shelter capacity in the county.

“We have to help more people stay housed,” she said. “Our in-flow into homelessness in Maricopa County is still two-to-one, meaning for every two households that fall into homelessness, we only have the resources … to house one of those two.”

Dean Scheinert is the executive director at the Justa Center, which serves people 55 and older.

“Homelessness is awful across all age groups and demographics,” Scheinert said. “However, our members do not have the physical, and often mental, health capabilities to navigate finding housing.”

Still, Scheinert says he hopes local leaders will carefully consider whether to enforce the Court’s decision.

In a statement, city officials said they “will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today.”

Honestly, our members worry about their next meal, their next bottle of water, the place they're going to go today– that I don’t think a lot of our members were really following this case. (0:11)

Unhoused individuals’ general absence from the conversation, he said, highlights the challenges people face in finding housing.

Full statement from Phoenix:

The City of Phoenix has worked strategically over the last several years to balance court orders from two different lawsuits, community needs, and available resources to address homelessness in our community. The City will continue to lead with services and will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today. 

The City is confident in the processes created by the Office of Homeless Solutions and supporting departments to address encampments in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.  

The 2024 Maricopa County Point-in-Time Count found a decrease of 19 percent in unsheltered homelessness within the City Phoenix and the first annual reduction in homelessness in Maricopa County since 2017. When offered diverse options that fit individualized needs, the vast majority of people experiencing homelessness will accept help and services. The City of Phoenix has prioritized creating more indoor shelter than ever before in the last several years. 790 new permanent shelter beds are planned for 2024 and 2025. 

480 temporary beds were added in 2023 to serve people in need while the City continues to build permanent solutions. 592 permanent beds were also added in 2022. While we know shelter alone does not end homelessness, it is a crucial first step for many to connect with the right resources and support to end their homelessness. The City’s investments in shelter and appropriate services also help the City address encampments in neighborhoods, parks, transit stops, and other locations, alleviating public health and safety concerns.   

The City is committed to its work in ending homelessness and recognizes that it requires comprehensive solutions such as affordable housing and prevention supports. The City will continue working diligently to create sustainable solutions for our community as a whole.

More news on homelessness

Kirsten Dorman is a field correspondent at KJZZ. Born and raised in New Jersey, Dorman fell in love with audio storytelling as a freshman at the Walter Cronkite School of Journalism and Mass Communication in 2019.