Fight Over Tucson Homeless Park Goes To Federal Appeals Court

By Dennis Lambert
Published: Friday, February 20, 2015 - 10:38am

The city of Tucson is taking the fight over a homeless camp in its downtown area to the 9th United States Circuit Court of Appeals.

The city is asking the appellate court to review an injunction handed down in December by Federal District Judge David Bury that blocks it from interfering with camp residents’ free speech protest rights.

The city contends the judge erred in allowing the protests to continue at all hours, as long as there was five feet of sidewalk on the street in front of what has been dubbed Safe Park.

The city attorney argues that under the court’s reasoning Tucson could not enforce city codes against a vehicle parked on the sidewalk, as long as there was still five feet left open and the vehicle is associated with expressive conduct.

The Arizona Daily Star reports the park had grown to more than 40 occupied crates, tents and other quasi-structures as of Thursday. The city says they have moved beyond the area designated by the judge.