The American Civil Liberties Union of Arizona filed Wednesday a lawsuit against Phoenix. It sought to stop cleanup sweeps of unhoused persons’ belongings and prevent police from enforcing ordinances that “criminalize homelessness.”

The lawsuit claims that sweeps “criminalizes, punishes and scatters” those experiencing homelessness due to a severe shortage in affordable housing and shelter space.

“Rather than finding lasting, real solutions to homelessness, [Phoenix] and its police department have chosen to punish those who live outside — many of whom have already experienced immense hardships, and have no other options but shelter,” stated Ben Rundall, Senior Staff Attorney, in a press release.

This lawsuit is third in a series against the city for its handling of the increasing homelessness crisis. The U.S. Department of Justice launched an investigation in August 2021 into the practice of Phoenix police of illegally seizing or disposing of belongings of homeless people. Residents sued the city in August over the effects of the large homeless camp located near Madison Street and 12th Avenue, commonly known as the Zone.

According to the lawsuit, the city stopped the controversial cleanup sweeps at the homeless encampment near the Arizona Capitol complex earlier this year. According to the ACLU of Arizona, the sweeps are continuing elsewhere and will resume in the Zone in December.

Officials from the city did not respond immediately to inquiries for comment.

The lawsuit was filed by the Fund for Empowerment. This group advocates for the rights to unsheltered people. Faith Kearns, Frank Urban and Frank Urban claimed they lost their personal belongings during sweeps. Snell & Wilmer & Dickinson Wright are representing the ACLU of Arizona in the lawsuit.

The city is also named as a defendant. Former Police Chief Jeri Wilkins and interim Police Chief Michael Sullivan were also named. According to the ACLU of Arizona, additional defendants could be added after they are identified.

Because sweeps can occur at any hour of the night, they are often referred to as raids on unhoused persons or homelessness activists.

Urban and Kearns claimed that they lost everything, including sleeping bags and cell phones, as well as birth certificates and medication during the sweeps.

Urban stated, “Sometimes they would just come up at three in morning, ‘Okay you gotta get up,'” Urban added. Urban said, “And they would be shouting it or using a bullhorn.”

The lawsuit claims that sweeps violate the U.S. Constitution by illegally seizing property, amounting to cruel and unjust punishment, and depriving people of their property without due procedure.

In the lawsuit, it is also claimed that police issued “massive criminal citations” during sweeps for illegal camping and sleeping on public property. According to the ACLU of Arizona, such citations are illegal and neighboring municipalities like Glendale and Tempe have stopped enforcing similar ordinances.

The 9th U.S. Circuit Court of Appeals ruled in 2018 that local governments can’t ban camping or sleeping in public if there isn’t enough shelter beds for everyone experiencing homelessness.

Urban claimed that he was cited for multiple crimes related to homelessness, including trespassing on a sidewalk and obstruction of traffic.

He said, “I believe Arizona believes they are above the law.”

According to this year’s point in time count, more than 6,000 people experienced homelessness in Phoenix as of Jan. 24, 2022. More than half of those homeless people were living on the streets and unsheltered. This is likely to be a significant undercount.

Phoenix is currently facing another lawsuit regarding its handling of the increasing homeless population. e The hearing is set for December 8.

Kearns, ACLU lawsuit plaintiff, stated that she hopes it will lead to more humane solutions for the city’s homelessness crisis.

She stated that “the way the city has been doing this… there’s better ways around it.” There’s always a better solution. All you have to do is look.