Arizona voters have approved a first-in-the-nation ballot initiative intended to force local police to crack down harder on homeless encampments.
The statewide initiative — which was leading 58% to 42% as of Thursday afternoon — is designed to give tax rebates to property owners if they can prove monetary damages resulting from the local government’s failure to enforce nuisance laws.
It is unclear how much practical impact the measure, which takes effect Jan. 1, will have on tax collections, but supporters and opponents see it as important symbolically as cities throughout the country struggle with a growing homelessness crisis. Even if taxpayers do not end up collecting rebates, people on both sides of the issue believe the measure could spur police departments to take more aggressive actions to break up encampments.
Advocates for homeless people say that the solution involves building more housing and that people who have no place to live are being unfairly targeted and stigmatized. Proponents of more punitive measures say homelessness has gotten out of control, undermining the quality of life as cities have become more lax about enforcing laws against camping and public use of drugs and alcohol.
“It just shows that Arizona property owners are tired of the status quo, and they want to hold their local government accountable,” said Jenna Bentley, director of public affairs for the Goldwater Institute, a conservative group that sponsored the measure. “I hope this sends a real message to cities that taxpayers aren’t going to tolerate problems like homelessness and drug use and public intoxication, to just be ignored.”
Bentley said her organization has received inquiries from groups and lawmakers in other states who are interested in replicating the measure. But she does not know of any efforts underway.
The law is intended to allow property owners to seek rebates for expenses, such as security bars, if they can show they were harmed by a failure to enforce laws against loitering, panhandling, camping and public drinking. Lost business revenue would not be eligible for reimbursement.
But enforcing the law depends on setting up a process to enforce it, which has not yet been done and could prove cumbersome.
Amy Schwabenlender, chief executive for a Phoenix-area homeless services group called Keys to Change, said she is dubious it will ever take effect.
“If it is implemented, it certainly doesn’t help people experiencing homelessness,” she said.
The threat of arrest will only force homeless people to move around more often and lose contact with outreach workers who could help them find shelter and other services, she said.
Schwabenlender sees the ballot measure as part of a larger backlash against strategies that focus on housing people.
“We’ve already been on the defense” against people who claim all homeless people are using illegal substances or are mentally ill, she said. “We have to do more of the messaging against that frame.”
A spokesperson for the city of Phoenix said in an email that there was no way to determine the impact of the new law, known as Proposition 312, on the city’s budget.
“Prop 312 does not change the city’s commitment to lead with education and services and not criminalize homelessness,” said Dan Wilson, communications director. He said the city’s office of homeless solutions is committed to addressing encampments “in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.”
Proposition 312 came after a successful lawsuit last year forced the city of Phoenix to clear a homeless encampment spanning several blocks of downtown Phoenix known as “the Zone.”
The ballot measure’s approach is a contrast to those in other states asking taxpayers to spend more money on homeless services, including one approved by Los Angeles County voters on Tuesday that will double the quarter-cent sales tax that voters approved in 2017.
