Phoenix Chapter 23 bans obstructing sidewalks but the Ninth Circuit's Martin v. Boise decision prohibits punishing involuntary sitting or lying when no shelter is available, shaping how police enforce sit-lie rules across the city.
Phoenix uses several Chapter 23 provisions to address sidewalk obstruction, urban camping, and pedestrian-interference, but constitutional limits from Martin v. Boise (9th Cir. 2018) and Johnson v. Grants Pass (until reversed by the Supreme Court in 2024) require officers to offer available shelter before citing involuntary outdoor sleeping. After Grants Pass, cities have broader latitude, but Phoenix policy still prioritizes shelter outreach over arrests. Sidewalk obstruction citations focus on actual blockage of pedestrian travel, not mere presence. ACLU and ACLU-AZ continue to monitor enforcement patterns under both ordinances.
Sidewalk obstruction is typically a Class 3 misdemeanor with fines up to $500. Officers usually issue warnings first and cite repeat offenders. Successful Martin v. Boise defenses can dismiss charges where shelter was unavailable.
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Phoenix, AZ
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Phoenix, AZ
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