Groups advocating for Tucson homeless population drop lawsuit against city
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A lawsuit filed against Tucson by three organizations advocating for the city’s homeless population was dropped late last week. The initial filing alleged that the city used harsh ordinances and ‘sweeps’ of public parks to try to keep homelessness out of view.
The plaintiffs — Community on Wheels, Community Care Tucson and People’s Defense Initiative — also alleged that the area’s needs exceed what nearby shelters can offer, citing often-full shelter beds and long waitlists. Making it a misdemeanor to sleep in a Tucson park between 10:30 p.m. and 6 a.m. without prior written permission, they say, criminalizes homelessness.
Violations of the city’s anti-camping ordinance and the after-hours ordinance are misdemeanor offenses, “punishable by a fine not exceeding $1,000.00 or by imprisonment for not more than six months, by not more than three years probation or by any combination thereof,” according to the Tucson City Code.
Plaintiffs cited Martin v. City of Boise, a 2018 case from the 9th Circuit Court which found that unhoused people can’t be punished for sleeping in public places if there isn’t an adequate alternative. It’s the same case cited by the city of Phoenix in the lawsuit brought against it by business owners neighboring an encampment near the state Capitol.
According to court documents, a lack of legal activity has resulted in the judge ordering plaintiffs “to show good cause why this case should not be dismissed” by Thursday.
Instead, plaintiffs filed a notice for voluntary dismissal.
The city of Tucson didn’t respond to the suit, but has cited its ‘homeless encampment protocol & reporting tool,’ to explain its stance.
The tool’s webpage says it’s meant for cases “when a homeless camp, located on city property or private property, poses a threat to public safety, causes a major criminal or health concern, or when there is camping in any city park after hours.”
Paul Gattone, the attorney who filed the suit, declined comment.
Will Knight, an attorney and director at the National Homeless Law Center, has been collaborating with those who sued. He said he still believes that the ordinances being challenged are illegal.
