PHOENIX — The City of Phoenix says local residents can't compel them to take action in addressing homelessness after a group of business owners filed a lawsuit last month, arguing an encampment in the downtown area had become a public nuisance.
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Lawyers representing the city recently filed a motion in court asking a judge to dismiss a civil complaint that accuses Phoenix of failing to enforce city codes around "The Zone," an area between 8th and 13th avenues that's become a dwelling for unsheltered individuals.
Plaintiffs say the city's lack of action has resulted in more property damage, a greater accumulation of trash and human waste, and dropping property values.
But the city's lawyers argue that residents "cannot use the courts" to direct Phoenix in making policy decisions when it comes to addressing homelessness.
"The City has discretion in how to enforce City code and state law," the city's lawyers wrote in recent court filings. "Neither the City's nuisance code nor state law contain a set of clearly defined circumstances where the City must act."
If the court were to accept the plaintiffs' theories, the city's lawyers say that would "open the floodgates of litigation" and allow any citizen to file a lawsuit whenever they don't approve of the government's actions.
"There is no dispute that homelessness presents one of the most pressing challenges for the City and communities nationwide," the city's court filings state. "The issue is caused by a multitude of factors, many of which are outside of the City's control."
During a Phoenix City Council meeting this week, city officials said Phoenix has spent $107 million on addressing homelessness since July 2021.
The council voted unanimously Wednesday to spend $931,000 on a contract with Lutheran Social Services to provide overnight emergency shelter to individuals experiencing homelessness.
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