Many homeless people end up in jails. Often they suffer from addictions and mental health issues. Their predicament is exacerbated by laws that criminalize homelessness. Although the authorities arrest homeless people in many parts of the state, some jurisdictions are rethinking their laws.
These include cities in the Phoenix area. Recently, AZCentral reported cities in the area are looking again at whether they can legally arrest someone for sleeping on the streets.
In the fall, the U.S. Court of Appeals for the 9th Circuit ruled the city of Boise, Idaho, did not have the right to cite people in violation of its “urban camping” law.
The judges said the law is unconstitutional and amounts to cruel and unusual punishment, AZCentral reported.
Many cities in Arizona have similar laws and are looking again at whether they can be enforced. The 9th Circuit rulings apply to western states including Arizona.
The report noted the city of Tempe has stopped enforcing its anti-homelessness law. Glendale has changed its law. The city of Surprise is also looking at changes. Phoenix is yet to amend its law.
However, the ruling has fundamental consequences for laws that target homeless people. The court concluded cities cannot cite homeless people if no alternative shelter is provided for them, Local governments cannot criminalize the homeless for sleeping outdoors on public property when they have no choice.
The AZCentral report points out shelter accommodation is limited in the Valley area. The main emergency shelter in Phoenix often reaches capacity and people are turned away. Over 1,000 people regularly sleep on the streets in Phoenix.
Arrested for Homelessness – What Are Your Rights?
The ACLU has published a guide to the rights of homeless people in Phoenix. The guide says homeless people should not resist arrest even if they believe it is unfair. They have a right to remain silent and ask to see a lawyer immediately. People arrested for homelessness have a right to make a local phone call that is not overheard by the police.
You do not commit a trespassing offense if you enter non-residential private property that lacks a fence of a “no trespassing” sign.
Homelessness has been outlawed in Phoenix since 2004 under an ordinance that attracted criticism due to its vagueness.
People who are arrested for being homeless should consult a Phoenix area criminal defense lawyer as soon as possible. Call us today at (602) 340-1999.
