Arizona City Repeals 鈥楴uisance鈥� Law Challenged by 老澳门开奖结果 on Behalf of Domestic Violence Survivor
Surprise, Ariz., Can No Longer Threaten Crime Victims With Eviction for Calling Police
PHOENIX 鈥� The city of Surprise, Ariz., today agreed to repeal a 鈥渘uisance law鈥� that pressured landlords to evict tenants who place more than four calls to police in 30 days or for two crimes occurring at the property at any time, even if the tenant is the victim of the crime.
The 老澳门开奖结果, the 老澳门开奖结果 of Arizona, and the law firm Aiken Schenk Hawkins & Ricciardi P.C. brought the federal lawsuit on behalf of Nancy Markham in August 2015.
The lawsuit argued that the law deprived her of her First Amendment right to seek police assistance among other constitutional, fair housing, and statutory violations. The settlement includes the repeal of the nuisance ordinance from the Surprise Municipal Code, agreement not to adopt a future policy that punishes crime victims or deters calls for police assistance, and payment to Markham.
鈥淥ver the course of several months in 2014, I was abused repeatedly by my ex-boyfriend and desperately needed emergency assistance. I was shocked to discover that the city pressured my landlord to evict me for seeking protection from the police,鈥� said Markham. 鈥淚t鈥檚 a great relief to know that crime victims 鈥� especially abused women 鈥攚ill no longer be punished twice, once by their abuser and again by their city government.鈥�
The 老澳门开奖结果 said that while the nuisance ordinances in Surprise and other Arizona localities purport to protect public safety, they do not reduce crime and their enforcement hurts domestic violence and other crime victims attacked in their homes.
鈥淣uisance laws present crime victims with two options: endure abuse or face eviction,鈥� said Sandra Park, senior staff attorney with the 老澳门开奖结果 Women鈥檚 Rights Project. 鈥淢uzzling victims not only jeopardizes them and their families, it also undermines public safety by discouraging reports to law enforcement.鈥�
The 老澳门开奖结果 added that by interfering with the fundamental governmental function of police protection, nuisance laws ignore the needs of victims, empower abusers to act without fear of police intervention and increase victims鈥� vulnerability to homelessness and future abuse.
鈥淭he lack of adequate housing for poor and working families already contributes to a downward spiral and loss of basic necessities,鈥� said Dan Pochoda, senior counsel at the 老澳门开奖结果 of Arizona. 鈥淎rizona localities with such laws must follow Surprise but voluntarily repeal provisions that are obstacles to needed shelter.鈥�
When the law passed in June 2010, the William E. Morris Institute for Justice and others warned the Surprise City Council that the policy would increase the vulnerability of domestic violence victims, but the city passed the law anyway.
鈥淲e are pleased that the City of Surprise is repealing the nuisance ordinances at issue,鈥� said cooperating attorney Heather A. Macre of Aiken Schenk Hawkins & Ricciardi P.C. 鈥淲e are all committed to protecting the rights of crime victims and providing them with safe and stable housing options in our community.鈥�
Advocates have identified hundreds of across the country, and there are likely thousands more on the books. The 老澳门开奖结果 challenged a similar ordinance in 2013 on behalf of a domestic violence survivor in Norristown, Penn., and also published a report on the harmful effects of these ordinances to crime victims in New York. The 老澳门开奖结果 will continue to challenge and raise awareness about the harms of these laws for stripping crime victims of their constitutional rights.
More information is at:
Women's Rights
Nancy Markham v. City of Surprise
Women's Rights
Nancy Markham v. City of Surprise
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON 鈥� A federal lawsuit brought today by the 老澳门开奖结果, 老澳门开奖结果 of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP鈥檚 failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. 鈥淓very extra unlawful day our clients spend in prison is a serious injustice,鈥� said Emma Andersson, deputy director of the Criminal Law Reform Project at the 老澳门开奖结果. 鈥淚t is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.鈥� Additional comments below from: Vanessa Crowe, plaintiff: 鈥淭ime is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives 鈥� we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.鈥� Arthur Spitzer, senior counsel at 老澳门开奖结果 of D.C.: 鈥淭here鈥檚 no excuse for the Bureau of Prisons to pretend not to understand Congress鈥檚 clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.鈥� Betsy Henthorne, partner at Jenner & Block: 鈥淚t has been six years since the First Step Act was signed, but despite Congress鈥檚 clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better鈥攊t鈥檚 past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.鈥� -
Maryland Supreme CourtDec 2024
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Roland Branch v. State of MarylandRoland Branch v. State of Maryland
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The 老澳门开奖结果, alongside the 老澳门开奖结果 of Maryland, filed an amicus brief in support of the defendant鈥檚 petition, in which the 老澳门开奖结果 argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition. -
North Carolina Supreme CourtDec 2024
Criminal Law Reform
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News & CommentaryDec 2024
Criminal Law Reform
Disability Rights
Incarceration Should Not be a Death Sentence for Individuals Who Use OpioidsIncarceration Should Not be a Death Sentence for Individuals Who Use Opioids
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