TCFC BREAKING NEWS: Appeals Court Ruling: City of Tucson LIABLE for Encampment Nuisance
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Neighborhoods Win Big: Hedrick Acres Neighborhood Association Lawsuit Forces Accountability from the City of Tucson
The Tucson Crime Free Coalition proudly celebrates a major legal victory for public safety, common sense, and neighborhood rights. The Hedrick Acres Neighborhood Association (HANA) located near Mountain and Fort Lowell, standing up for their community after years of neglect from city leaders, has won a precedent-setting lawsuit against the City of Tucson.
For far too long, residents and businesses in the Hedrick Acres area were forced to endure rampant crime, fires, and unsanitary conditions brought on by homeless encampments allowed to flourish in Navajo Wash. Despite countless pleas for help, the City turned a blind eye, effectively endorsing these camps by providing food, tents, and support services while ignoring the public health and safety crises they caused. But HANA fought back.
And they won. We all won as a result of HANA's efforts.
In a decision, the Arizona Court of Appeals held the City legally responsible for the public nuisance caused by these encampments. The court found that the City's policy of permitting and supporting homeless camps, particularly under its so-called “3 Tiered Homeless Protocol,” was not just misguided but unlawful. The ruling made clear that enabling homeless camps while disregarding their consequences violates the rights of surrounding residents.
This is more than a neighborhood dispute. It’s a legal milestone that returns power to the people. The judgment affirms what many in Tucson have long felt: when a city supports dangerous, unsanitary encampments in public spaces, it strips law-abiding citizens of their right to safety, peace, and livability.
HANA’s courageous stand sends a message. Communities do not have to tolerate lawlessness under the guise of compassion. Real solutions must respect both the needs of vulnerable individuals and the rights of the public.
Importantly, the ruling now forces the City to treat Navajo Wash like school zones and public parks, areas where camping is strictly prohibited. The decision also casts serious legal doubt over Tier 2 camps, which make up 80 percent of all encampments in Tucson.
This lawsuit follows a similar victory in Armory Park, where residents successfully sued the Episcopal Church for enabling public nuisances by feeding and attracting transient populations to residential areas. These victories show a growing legal consensus: governments and institutions that enable or ignore encampments can and will be held accountable.
The Tucson Crime Free Coalition commends the residents of HANA for standing up, speaking out, and fighting for their community. Their resolve sets a bold example for neighborhoods across the city and the nation.
To HANA: You have restored more than peace in your neighborhood. You’ve restored hope across Tucson. Thank you for your courage.
Disrupting the Cycle: A New Strategy to Tackle Homelessness, Addiction, and Crime in the Washes
On a sun-drenched Thursday morning TCFC was invited to Santa Cruz Park, just off I10 and Speedway, something unusual was happening. Police cruisers flanked mobile command units, outreach workers known as navigators coordinated with law enforcement and the legal system. A steady flow of individuals were escorted out of the nearby wash. But this wasn’t just a law enforcement sweep. It was a full-scale, multidisciplinary operation aimed at confronting Tucson’s drug and homeless crisis with a new blend of accountability, compassion, and urgency.
At the center of it all was Kate Vesley, Director of Pima County Justice Services, overseeing what she described as “a living model of how disruption can drive transformation.” “We’re here to interrupt a dangerous cycle,” Vesley said. “But more importantly, we’re offering a way out.”
The Model: Disrupt, Engage, Divert
Led by the Tucson Police Department and supported by the City of Tucson and Pima County, this operation brought together Pretrial Services, Tucson City Court, Old Pueblo Community Services, Community Medical Services, the VA, CODAC, and multiple outreach teams. Together, they formed a mobile justice and treatment hub that processed individuals in real time.
Law enforcement entered the wash to engage with unsheltered individuals, many of whom have become entrenched in patterns of drug use, criminal activity, and survival. Those with felony warrants were arrested. Those with misdemeanors were given a chance to resolve their legal issues on the spot and, if willing, be transported immediately to treatment or shelter.
“This is about behavior disruption,” Vesley explained. “If someone wants help, we’re not handing them a flyer. We’re taking them straight to a bed. Today.”
By midday, around 20 individuals had already been processed. Roughly half had been taken to jail, while the other half were placed in detox, transitional housing, or treatment programs.
Justice on Wheels
The centerpiece of the operation was a mobile command center equipped with WiFi, power, restroom facilities, and space for legal processing. Tucson City Court was present via video, resolving misdemeanor warrants in minutes. Pretrial Services handled assessments, while navigators helped build reentry plans on the spot.
“This setup allows us to replicate the Transition Center model wherever it’s needed,” Vesley said. “We’re not waiting for people to come to us—we’re going to them.”
That philosophy is echoed by Doyle Morrison of Pima County Justice Services, who explained: “Meeting people where they are at—especially those suffering from substance use or mental health disorders—also means removing low-hanging barriers to support by bringing services to them.”
The Transition Center, launched with a $1 million grant, has already proven its value: saving taxpayers $940,000 in its first year and reducing 30-day recidivism from 27% to just 9%. That model, now piloting Saturday hours, has become a case study in effective diversion and community-based justice.
Peer Power
One of the most powerful aspects of the initiative is the presence of peer navigators—people who once lived in the very washes being patrolled.
“These aren’t just outreach workers. They’re mentors with lived experience,” Vesley said. “When someone hears, ‘I was you two years ago,’ it cuts through the fear and the shame. That credibility is invaluable.”
Their presence shifts the tone from enforcement to empathy, from punitive to transformative.
Consequences Still Matter
While compassion is central, consequences remain part of the equation. “There’s no illusion that people can just walk away and return tomorrow,” Vesley said. “We’re telling folks: today, you can take this opportunity. But if you don’t, enforcement will still be here. Arrests will continue.”
As small business owners, we shared a similar story with Vesley about how businesses are needing to put safeguards in place to disrupt and stop rampant theft, drug use and loitering. The result? Behavior changed. The pattern was broken. Disruption does work.
“That’s exactly what we’re doing here,” Vesley responded. “Disrupt the pattern. Present a real choice. Then follow through.”
A Smarter Use of Jail
The operation also challenges traditional assumptions about incarceration. “Jail isn’t always the answer,” Vesley emphasized. “It’s effective when used as a consequence within a treatment court program. But if we’re arresting people and releasing them without support, we’re not solving anything.” TCFC has long believed in this philosophy: hold people accountable, but support them if they are receptive.
Each resolved warrant saves the City of Tucson approximately $495. Every successful diversion spares law enforcement time and resources, while improving public safety outcomes.
A Path Forward
This operation, Vesley says, is only the beginning. “The goal is consistency. We’re going to keep showing up. Keep disrupting. Keep offering services. The community needs to know this is the new normal.”
As we wrapped up the conversation, Vesley offered a phrase that could well define this new era of justice in Tucson: “Accountability is therapeutic.”
Indeed, in a city struggling to balance compassion with control, the approach on display at Santa Cruz Park may offer a blueprint for long overdue progress.
A Solution TCFC Has Championed
This operation reflects the kind of strategic, compassionate, and accountability-driven approach that the Tucson Crime Free Coalition has long called for. From the outset, TCFC has supported initiatives like the Pima County Transition Center because we understand what works: rapid engagement, immediate access to services, and a real choice between treatment or legal consequences. It is a model that saves lives, protects neighborhoods, and restores dignity through action, not rhetoric.
The results speak for themselves. Reduced recidivism. Lower public costs. Safer communities.
And now, with the Arizona Court of Appeals siding with residents in the recent Navajo Wash decision, the momentum is shifting. The legal system is reinforcing what Tucsonans already know: public safety and compassion are not mutually exclusive. The days of sanctioned lawlessness in our washes are coming to an end. New tools like this mobile justice deployment must become the standard.
The success of this initiative should serve as a call to action for city leaders. Stop ignoring the problem. Start investing in proven, balanced solutions.
TCFC will continue to push for bold, effective strategies that interrupt chaos and restore safety across Tucson. This is the future we have fought for. And it is finally taking shape.
Here is a copy of the Final Decision: PDF DOC
Join TCFC For a City Council Meet and Greet, June 3rd at 6:00 pm
CALLING ALL CANDIDATES for CITY COUNCIL - RIDE ALONG OPP with TPD
TCFC has arranged for any City Council Candidate to Ride Along with TPD to understand more about TPD's important role in our Public Safety. If you are an official candidate and are interested setting up a Ride-Along, please contact: Kevin Daily at help@tucsoncrimefree.com by no later than June 5th, 2025.
Watch The CD7 Democratic and Republican Debates Here:
https://www.youtube.com/live/y7iTHAyMjyQ?si=iMOXXeSPzPytf04h
I am a 65 year old veteran with a 100 percent disability rating 20 years ago I had a stand off with the Tucson police and PAC Bud Foster interviewed me because he knew my background and the Type of people my parents and siblings were my mother and father had 8 children each one a hard act to follow my sister Therese was the 111th nun to join her order I know parents aren’t supposed to have a favorite child but they no what honor and adulation my sister has brought to our family Mother Teresa has broke bread with all of my family members when she opened her soup kitchen in PHX my mother and father were with her when she made the front page of the newspaper I started doing volunteer work for her when I was 14 years old my first soup kitchen I volunteered was in the Brooklyn I was proud to say she had considered me a friend my sister Therese brought so much honor to my family my parents and some of my siblings have had audience with the Pope her right hand person was Sister Shital we were destined to meet I have done volunteer work for her in several different Countries and several soup kitchens in the United States and Mexico I write this not for pity or sympathy I have had a remarkable life I have a plethora of medical issues I feel in my heart this is my last summer on this planet I know I have made a impact on this earth I may not have changed it but I know in a small way I played part in inspiring a person who will
Good job guys, we are so slowly saving our city but we need to get rid of these Dems. The article says nothing about our city courts (all misdemeanor arrests), which handle 75-80 percent of our arrests. Are these arrestees serving time? Our city mayor and council controls who gets hired and fired there (judges, prosecutors and d. attorneys). City court judges are appointed by our M & C’s panel that is made up of mostly DUI attorneys. WE need members from TCFC to be appointed to this judge selection panel to hire the good ones and fire the soft on crime ones. We need TCFC members to sit on our largest homeless resource (“TPCH.NET”) board to be a true watch dog to make sure these NGO’s who take our taxpayers monies do a good job with our addicted because theres been too much waste, fraud and local abuse going on for too long here in Tucson. The proof of this is our city has been damaged way too long now with a huge amount of tax payer monies being spent (our local budget doubled in the past 5 years).
For nearly three years, I’ve followed the Tucson Crime Free Coalition and have been consistently impressed by their dedication to community activism. Similarly, I admire the proactive stance of the Hendrix Acres Homeowner Association in advocating for our community’s interests, particularly in addressing the city’s failure to effectively handle the homelessness crisis, which continues to impact neighborhood safety.
It’s concerning that legal action to protect our rights may come at a personal cost. The city will attempt to offset budget mismanagement by proposing tax increases or raising fees for services like water or waste management. There are also challenges with Tucson’s elected officials who do not prioritize open dialogue or community input.
However, an even greater challenge is the low voter turnout in Tucson’s city elections, with only about 25% of registered voters participating. Increasing voter engagement is critical to driving change. This year, Wards 3, 5, and 6 are up for election, and your vote for city council members can make a significant difference. In Tucson, the mayor has no veto power, so the council’s majority vote holds substantial influence. The Primary Election is on August 5 (ballots mailed July 7, ward-specific), and the General Election is on November 4 (ballots mailed October 6, citywide, allowing all Tucsonans to vote for all three wards).
Your vote is critical to shaping Tucson’s future. I encourage all residents to participate in these elections to ensure our community’s priorities are represented.
The opinion (and basically that is what it is-their opinion) states:“…Appellants have observed makeshift toilets, dangerous fires, individuals engaging in violent and criminal behavior, as well as needles and other drug paraphernalia…” The encampments have been monitored continuously by the City since at least April 2023…"
The City argued:“…it was not directly liable…and …was immune from liability…”
The trial court “…determined that the City was not liable for any nuisance created by those camping…”
Step one: Just replace the word “City” with “Mayor and CIty Council together with the occupants of the illegal campsite”. Because you can’t possibly mean that I, a tax paying citizen of Tucson, am part of the “City”, should pay for this, do you? Pay for the destruction of our neighborhoods? This is not Public Policy. This wasn’t my idea. Those responsible should pay. That is just legal, historical, social justice.
And most damning of all:
This decision quoted :“Because the city knew the activity of homeless camping was being carried on and it repeatedly and continually caused a nuisance, yet consented to it anyway,….the city is liable for the public nuisance.” The court found the “City” knew, KNOWLEDGE, and CONSENTED to the nuisances. Basically the court is saying that the m&cc KNEW and CONSENTED to this activity, aided and abetted it, facilitated it. How much more egregious can the actions of the m&cc get?
Aren’t the acts of the m&cc really intentional acts???? Is this public policy-to destroy Tucson neighborhood by neighborhood making it inhabitable? No sane society would say this is privileged policy! This is so egregious that no person involved is entitled to immunity.
This will be appealed, more attorneys fees and legal costs-why? Who will pay? Is it policy to pay for attorneys? What policy is that?
Up until this decision, the “City” thought it was immune from liability. Replace the word “City” with the above. They are not. Neither civilly nor criminally. This is the case to require personal liability. All the hard work has been done.
We here at Tucson Crime Free did an interview with Adrien Wurr on site at Navajo Wash. Link is here on the Tucson Crime Free Coalition Facebook page: https://www.facebook.com/watch/?ref=search&v=1574706919777570&external_log_id=cc830689-2699-46f5-975b-19510064ee1e&q=tucson%20crime%20free%20coalition
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