Trial over Phoenix homeless camp 'The Zone' starts next week. Here's what to know

Juliette Rihl, Arizona Republic
Updated ·5 min read

Monday marks the beginning of a high-profile trial over Phoenix’s largest homeless encampment, “The Zone.”

The state court lawsuit, Brown v. City of Phoenix, was filed in August by residents and business owners who say the sprawling downtown encampment is a public nuisance and that the city hasn’t done enough to fix the problem.

The suit is one of three legal disputes the city is contending with over how it has handled the snowballing homelessness crisis.

The American Civil Liberties Union of Arizona filed a federal case against Phoenix in November over the city's treatment of unhoused people. The ACLU argues Phoenix violated the constitutional rights of unhoused people during cleanup “sweeps.”

The U.S. Department of Justice has been investigating the Phoenix Police Department since 2021 for several reasons, including whether officers unlawfully seized or disposed of unhoused people's belongings.

All three disputes could have lasting impacts on how the city addresses homelessness.

Here’s what you need to know about the upcoming Brown v. City of Phoenix trial.

Who is suing the city and why?

Fifteen residents and business owners near The Zone are suing the city, saying the encampment has subjected them to violence and caused damage to their property. Their complaints include finding needles and human feces on their properties and seeing people openly engaging in sex acts and drug use.

The plaintiffs argue that Phoenix police have stopped enforcing laws in the area and that the city has largely turned a blind eye to the problem, which they view as a humanitarian crisis.

Where they may go: Phoenix planning campground for homeless people living in 'The Zone.'

City officials have said that the city is working tirelessly to address homelessness, with an emphasis on creating new and diverse indoor shelter options.

The Zone roughly occupies the blocks bordered by 7th and 15th avenues and Van Buren and Grant streets. Between 500 and 1,000 people live in the area on any given day.

What’s already happened in the lawsuit?

In March, Maricopa County Superior Court Judge Scott Blaney ordered the city to clear the encampment, following testimony from several plaintiffs and city staff during an October hearing.

The city began shutting down the area block-by-block in May and has so far cleared three blocks. Once an area is cleared, people residing there are allowed to move elsewhere in The Zone but are not allowed to return to the cleared block.

The city has also worked with nonprofit organizations to create more shelter space and plans to build a structured campground for people living in The Zone in the coming months.

Blaney said Phoenix would need to show that it has made significant progress toward shutting down the encampment during the July trial.

The two lawsuits against the city over its homelessness crisis have become increasingly entangled. In May, the plaintiffs in Brown v. City of Phoenix intervened in the ACLU's case and subsequently requested the court dismiss that case. On Thursday, plaintiffs in the ACLU's lawsuit filed a motion to intervene in Brown v. City of Phoenix and requested the court postpone the July 10 trial until a decision is reached on whether or not to dismiss the ACLU's case. On Friday, Blaney denied the request because it was made just days before the trial is scheduled to start.

Policing ‘The Zone’: Phoenix paralyzed as COVID-19 spread, population rose and violence grew

When and where is the trial happening? How can I watch it?

The trial is scheduled for Monday, July 10, through Wednesday, July 12, from 9 a.m. to 4:30 p.m. each day. It will be held in courtroom 411 of the East Court Building at 101 West Jefferson Street.

The trial is open to the public. It will also be livestreamed on the Maricopa County Superior Court website.

Who will be testifying?

A total of nine people are scheduled to testify during the trial.

The plaintiffs plan to call three witnesses:

  • Ian Francis Likwarz, who owns property in The Zone.

  • Freddy Brown, who owns a company in The Zone that manufactures caskets and cremation supplies.

  • Judge Glock, an expert witness and director of research at the Manhattan Institute, a conservative think tank.

The city plans to call six witnesses:

  • Deputy City Manager Gina Montes.

  • Rachel Milne, director of the city's Office of Homeless Solutions.

  • Scott Hall, deputy director of the city's Office of Homeless Solutions.

  • Sheila Harris, an expert witness and founding director of the Arizona Department of Housing.

  • Brian Freudenthal, commander of the downtown Phoenix Police Department unit.

  • Jeremy Huntoon, community outreach coordinator for the city's Office of Homeless Solutions.

Blaney will also be able to consider earlier testimony. Many of the witnesses already testified at a hearing in October, including Likwarz, Montes, Freudenthal and Hall.

What are the possible outcomes of the lawsuit?

The lawsuit basically has two possible outcomes, said Ilan Wurman, an attorney for the plaintiffs: Blaney could side with the plaintiffs and set a deadline by which the city must permanently clear out the entirety of The Zone, or he could side with the city and reverse his March ruling requiring the city to clear out the encampment.

If the city loses, it could appeal the decision. City spokesperson Kristin Couturier declined to comment on whether or not it plans to do so.

Is there a precedent for a case like this?

This lawsuit is the first of its kind and could set a precedent for other cities in the Valley and beyond, said Wurman.

“Other cities and other states have public nuisance laws. And we want to show that they can be used,” he said. “Because you can't just let this problem fester to the detriment not only of the unsheltered community but the neighborhoods in which they're located.”

Juliette Rihl covers housing insecurity and homelessness for The Arizona Republic. She can be reached at jrihl@arizonarepublic.com or on Twitter @julietterihl.

Coverage of housing insecurity on azcentral.com and in The Arizona Republic is supported by a grant from the Arizona Community Foundation.

This article originally appeared on Arizona Republic: What to know about next week's Phoenix homeless encampment trial