Court ruling may put Tempe urban camping ordinance in jeopardy

9th Circuit decision said Los Angeles law violates rights

by Grayson Steinberg published on Thursday, April 20, 2006

A recent federal appeals court ruling said Los Angeles cannot criminalize homeless people for sleeping in public, and the decision may apply to Tempe, an ASU law professor said Wednesday.

The 9th U.S. Circuit Court of Appeals in San Francisco, which has jurisdiction over Arizona, ruled Friday that Los Angeles couldn't prohibit people from sleeping in a public space.

If Tempe's urban camping ordinance was used to criminalize homeless people for sleeping in public when they had no alternative, "that would seem to violate the 9th Circuit's decision," said ASU law professor Paul Bender.

"No person shall camp in any public park, preserve, street or place; except in areas specifically for such use, or specifically authorized by permit," the Tempe ordinance states.

The court ruling wouldn't likely apply if the city provided facilities for homeless people and they chose not to use them, Bender said.

Tempe City Attorney Marlene Pontrelli didn't comment because she said she wasn't aware of the court case.

The court found that because there were more homeless people in Los Angeles than available shelter beds at any given time, the city's ordinance had infringed upon the appellants' Eighth Amendment rights.

"No person shall sit, lie or sleep in or upon any street, sidewalk or other public way," the Los Angeles ordinance states.

The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment.

"At the time they were cited or arrested, appellants had no choice other than to be on the streets," the ruling stated.

Homeless people in the Valley have other options besides sleeping in public places, said Theresa James, homeless coordinator for Tempe.

Transitional living programs let homeless people reside in small housing units for up to two years.

Case managers can then help these people resolve the causes of their homelessness in stable living environments, James said.

In general, though, the Valley has a shortage of shelter and transitional living beds, James said.

Tempe has no formal homeless shelter.

A Tempe-based interfaith rotating shelter that began operating earlier this year can only temporarily aid the homeless, she said.

"How do we get people off the street for the long term and not just a night or two?" James asked.

Transients who live in public spaces may not be able to stay for long.

People are frequently arrested or cited for violating Tempe's urban camping ordinance, but it isn't a major problem, said Sgt. Dan Masters, a Tempe police spokesman.

Police don't know how many urban camping arrests there have been because they aren't separately tracked, Masters said.

Violating the ordinance could lead to a fine of up to $2,500 or six months imprisonment, according to the Tempe city code.

Typically, violators receive warnings for first-time offenses, Masters said.

But repeat offenders either get arrested or cited at the officer's discretion, he added.

Officers must determine that violators intend to do more than just hang out at a park, he said.

"A reasonable person would think they're using that as their residence," Masters said.

Signs of using a public space as living quarters include visible tents, blankets and outdoor stoves, he added.

Reach the reporter at grayson.steinberg@asu.edu.