Editor's Note: A prior version of the story misstated that the plaintiffs wanted the stay, not the city of Phoenix, which is the defendant in the public nuisance case.
Lawyers for the city of Phoenix asked a judge to put one lawsuit on hold regarding 'the Zone' homeless encampment until a federal judge weighs in on a second lawsuit over alleged civil rights violations.
"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.
A group of business and property owners filed their lawsuit in August against Phoenix in Maricopa County Superior. They sought to declare 'the Zone' a public nuisance and force the city to address the homelessness crisis that brings garbage, crime, and drugs into their neighborhood.
Then, a federal lawsuit was filed on November 30. In that lawsuit, the ACLU asked for a judge to bar the sweeps on the behalf of the Fund for Empowerment, which advocates for people experiencing homelessness. The lawsuit claimed Phoenix engaged in unconstitutional seizures of personal property, cruel and unusual punishment, and depriving unhoused people of their belongings without due process.
In a Maricopa County court filing, lawyers for the city said they wanted to give a federal judge an opportunity to first rule on the claims of civil rights violations before deciding the public nuisance lawsuit. But business and property owner plaintiffs filed court paperwork on December 6 saying the federal lawsuit doesn't conflict and both should continue.
Friday, a county judge denied Phoenix's request for a stay. Additional court hearings on both lawsuits are scheduled for later this week.
City officials also tell ABC15 that modified cleanup sweeps will resume on December 16.
Changes include providing staff to help people temporarily move their possessions and new rules for determining what property has been abandoned.
