PHOENIX — A legal battle is underway over Phoenix’s new ordinance regulating food distribution in parks. A judge has temporarily blocked the city from enforcing the rule against one homeless ministry.
For the first time since the policy took effect, volunteers with Saint Herman’s Table returned to feed the homeless at Cave Creek Park on Thursday.
"When people come out to give us this food, it helps us out,” Tiffany Arbanas, a meal recipient, said.
The volunteers are protected by a temporary restraining order granted by a federal judge.
"I'm glad that we have the restraining order, so that I, and my other volunteers don't have to worry about getting tickets or potentially getting arrested,” Lance Brace, Saint Herman’s Table Founder, said.
The ministry sued the city after Phoenix passed the ordinance requiring a special permit for groups distributing food or medical aid in parks, and limiting each eligible park to two permits a month. Violating it could result in a class one misdemeanor.
"To me, this is a direct fulfillment of the commissions of God,” Brace, an Orthodox Christian, said.
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In the lawsuit filed against the City of Phoenix, attorneys with the Christian Legal Society argue that feeding those in need is part of the group’s religious mission and needs to be protected.
"This is just a plain case of discrimination against religiously motivated people doing the same thing that lots of people do in a park, and that's eat,” Steve McFarland, Christian Legal Society Center for Law and Religious Freedom Director, said. "That is just bold-faced discrimination that the First Amendment forbids.”
The restraining order only protects Saint Herman’s Table for two weeks while the case moves forward.
In a statement to ABC15, the City says the policy "makes no distinction based on religion.”
The City "will comply with the Court’s very narrow temporary order,” but maintains the ordinance "applies equally to anyone who wants to hold a feeding event at a park,” and is designed to manage competing uses of city parks.
Read the full statement from the City of Phoenix:
“We will comply with the Court’s very narrow temporary order, which applies only to St. Herman’s Table and Lance Brace, for two weeks. The City Council adopted this ordinance to ensure that all residents can enjoy their neighborhood parks, and it applies equally to anyone who wants to hold a feeding event at a park. It makes no distinction based on religion. The ordinance simply provides an effective tool to regulate and manage the growing competition in City parks between food distribution events and other, more traditional park uses, like children’s play, youth sports, adult recreation, and family outings. We encourage anyone who wants to provide food to people experiencing homelessness to participate in Healthy Giving. Residents can find opportunities to give back to trusted organizations at givesmartaz.org [givesmartaz.org].”
In court filings, the City cites complaints about unsanitary conditions in parks, and includes photos of trash and alleged drug use during food distribution events.
The Office of Homeless Solutions also points to "dedicated outreach teams in parks every day connecting people with safe indoor spaces and other services, while supporting the accountability our community is calling for.”
Read the full statement from the Office of Homeless Solutions:
"The City of Phoenix is committed to helping people experiencing homelessness connect with the resources they need, while also keeping our parks safe, clean and available for all our residents. No other Arizona city invests more in shelter, outreach, and affordable housing than Phoenix. Phoenix is home to about 35% of the region’s population and 82% of the region’s shelter beds, including our Safe Outdoor Space. Our commitment far exceeds that of the state and all other jurisdictions. Since launching the Office of Homeless Solutions in 2022, Phoenix has added more than 1,200 shelter beds and 300 Safe Outdoor Spaces, and revamped services to remove barriers to help. We have dedicated outreach teams in parks every day connecting people with safe indoor spaces and other services, while supporting the accountability our community is calling for. With the Mayor and Council’s newly approved budget adding nearly $20 million for Office of Homeless Solutions operations, we’re continuing to strengthen our response. But homelessness is a regional issue - we need our state, county, federal, and nonprofit partners to join us in funding and advocating for long-term solutions that truly end homelessness."
Saint Herman’s Table has not applied for one of the new permits, saying the application process is too restrictive.
"The rules, as published, it's impossible to apply for a permit,” Brace said. "I specifically don't think criminalization of people that are trying to help is the right approach.”
For now, volunteers keep showing up each week.
"I appreciate it a lot, because like I said, there's days I'll go without eating,” Arbanas said.
As the legal challenge continues.
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