PHOENIX — A Phoenix rule limiting who can hand out food and medical care to homeless people in city parks is now tied up in two federal lawsuits, and the two judges hearing them have reached different conclusions.
The City Council passed the ordinance in May. City leaders said large food and aid events were bringing noise, crowds, trash and food waste into parks, and making them harder for other residents to use. Religious groups and homeless advocates pushed back right away.
In the first case, Lance Brace, who founded an Orthodox Christian ministry called St. Herman’s Table, argued that the rule violates his religious freedom. U.S. District Judge Krissa Lanham barred Phoenix from enforcing the ordinance against his group while that lawsuit continues. No final ruling has been issued.
In the second, the nonprofits Circle the City and Valle del Sol argued their medical and food events are protected speech. U.S. District Judge Diane Humetewa disagreed. She wrote that the events were not expressive activity, which largely matched the city’s argument. On Oct. 7 the groups told the court they will appeal to the 9th U.S. Circuit Court of Appeals.
For now, the result depends on who is giving the help. Brace’s ministry is protected while its case plays out, and other groups remain subject to the rule.
Sources: The Arizona Republic. Thee Arizona Times uses AI-assisted reporting reviewed against the sources listed.
Photo: Tichnor Brothers, Publisher / Public domain via Wikimedia Commons.
