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Court documents show settlement reached amid 'The Zone' cleanup dispute

Details of the settlement have not yet been released
Posted at 9:52 AM, Apr 04, 2023
and last updated 2023-04-04 20:14:57-04

PHOENIX — A settlement has reportedly been reached amid a dispute regarding clean-up of "The Zone" where hundreds of people experiencing homelessness have gathered for years.

According to court paperwork filed on April 3, 2023, the City of Phoenix and Fund for Empowerment settled their dispute.

Details of the settlement have not yet been made public and are expected to be presented to Phoenix City Council on April 18 for possible approval.

In December 2022, the lawsuit was filed by the American Civil Liberties Union, on behalf of the Fund for Empowerment, which advocates for those experiencing homelessness, in an attempt to prevent the city of Phoenix from resuming cleanup sweeps in an area known as “The Zone.”

"The Zone" is generally considered the area between 7th and 13th avenues and south of Jefferson Street to Jackson Street. Up to 1,000 people experiencing homelessness have been camping in this part of central Phoenix for years.

While the city has said the cleanups were necessary for sanitation, the lawsuit said the sweeps violate the constitutional rights of unhoused people. It advocated for the rights of unsheltered people and two individuals who said they lost possessions during prior sweeps.

The city of Phoenix used to require people to move their tents and belongings out so they could clean every Monday, Wednesday, and Friday. Anything that was left behind would be thrown in garbage trucks.

Late last month, Superior Court Judge Scott Blaney ordered the City of Phoenix to remove the encampment and enforce city and state laws against public camping, pollution, drug abuse, and violence.

"The most important part of the ruling is it takes away the city's excuse for failing to act," said Vice President of Legal Affairs for Goldwater Institute Timothy Sandefur.

Phoenix had taken the position that it cannot cite people for violating public camping laws because of a 9th Circuit Court decision saying a municipality cannot criminally cite people for sleeping on public property if they have nowhere else to go.

The City of Phoenix has until July 10 to show it's complying with the court's order.

City officials have not said how they plan to do that.

Videos in the player above highlight ABC15's previous coverage of 'The Zone' and its legal battles.