TEMPE, AZ — The founder of a Valley nonprofit aimed at helping people experiencing homelessness was sent to jail earlier this week, claiming he was arrested for filming Tempe police while they were arresting people in a park.
Austin Davis, the founder of AZ Hugs, has had a history with the City of Tempe, trying to feed people experiencing homelessness in parks and getting arrested for doing so without a permit.
Last week, Davis said he was across the street from Moeur Park when officers were arresting people. He started filming them on his phone. A city spokesperson said the people were being arrested for trespassing violations and one ended up having drug paraphernalia.
At one point, Davis crossed the street, recording the second arrest when a Tempe police officer told him to get off the street and onto the sidewalk, where he was not supposed to be.
“Even though I’m banned from that, I was listening to officer’s orders,” he said.
Davis has been banned from entering Tempe city parks and the adjacent sidewalks as part of his probation after being arrested for feeding people without permits in the park. Just this last week, advocacy groups turned in a petition to overturn the ordinance that requires permits and fees for groups of 30 or more to use city parks.
The city of Tempe has cited community groups that feed unhoused people in parks, saying they need to apply for a special event permit.
After being arrested this week and appearing before a judge, Davis and his attorney said his probation ended early as part of a plea deal which also allowed him back in the parks.
“I'm grateful and blessed. It’s just a great feeling to know that I can be part of my community again. because I've had to be kind of arms length away from everything for a while,” he said.
ABC15 reached out to the city for a statement on all that’s happened; here is the full statement from the City of Tempe:
"Austin Davis was arrested Tuesday afternoon near his Scottsdale residence. Last Sunday, Davis was seen near Moeur Park’s sidewalk. The terms of his probation, which he signed, prohibit him from entering, staying on or hosting events in any Tempe park or preserve. The terms of probation define the boundaries to include the sidewalk up to the lateral lines of the roadway.
While at Moeur Park, Davis recorded video that was uploaded to social media accounts. His Facebook page tagged Tempe Police Department. The video Davis posted indicated his location on the sidewalk. It included footage of two people who were being arrested for trespassing violations. One of them, Bryan Christopher Robins, was also found in possession of drug paraphernalia and dangerous drugs. That person was arrested for a felony drug offense as well as trespassing.Davis’ location on the sidewalk was confirmed through his own video, City of Tempe traffic cameras, body-worn cameras, and the observations of Tempe Police officers and park rangers. He was booked into the Tempe City Jail.This was the second time Davis has been arrested and convicted for violating his probation by being in a Tempe park. He was arrested on Tuesday, Oct. 1, 2024, for a violation of his probation by trespassing in a park at Tempe Town Lake. Davis’ original plea agreement was signed on Sept. 11, 2024. He was given information on the locations of Tempe’s parks and his restrictions within his terms of probation.As a result, Davis was convicted again for violating his probation and was sentenced to credit for time in jail. The new charge was dismissed as part of his pleading guilty to violation of his probation, which was also terminated as a condition. The plea deal was offered and accepted by Davis and his attorney and affirmed by Tempe Municipal Court.
In short, he was convicted of the charge. The sentence was time served, and the plea agreement ended his remaining probation.
He is no longer on probation in Tempe. Any restrictions he had regarding being in a city park have been lifted. He is still required to follow all park rules and regulations, like any other person, and would be subject to any penalties that violations of the law would entail."
