9 April 24th-April 30th, 2025 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | “When the government is failing to take care of people, it’s our responsibility to work together to meet that need and protest against the government’s failure,” Davis told New Times. “It should not be a crime, and it isn’t a crime, to share food.” The suit also says the city’s permit requirement discourages organizers from hosting the meals “to move homelessness out of public view.” It adds: “A desire to remove a disfavored group from a certain area is not a legitimate government interest, let alone a compelling one.” It also argues that Tempe’s ordinance doesn’t apply to charitable meals — or, if it does, that the application is overly broad. “The ordinance’s catchall for any ‘outdoor public gathering’ cannot be so broad as to encompass food-sharing, because such an interpretation would also create constitutional implications, since it would sweep in (a) vast amount of protected First Amendment activity, including protests, debates, prayer circles, book clubs, or other small gatherings, and create equal protection concerns,” the lawsuit reads. Interestingly, Tempe’s website includes a pamphlet for the special events permit process that encourages residents “to be Healthy Givers” by “working hand-in-hand with nonprofits that provide the most effec- tive, lasting help.” AZ Hugs and H.O.P.E Arizona, the two organizations run by Davis and Parker, are not included among the nonprofits listed in the brochure. “The government does not have a monopoly on charity,” Pacific Legal Foundation said in a press release about the lawsuit. “Americans have the constitu- tional right to pursue their callings, including helping those in need, without burdensome regulations.” Financial burden Though the meals have continued for now, Parker has previously said that the city’s zealous enforcement of its special permit ordinance has already affected her ability to help people. A 77-year-old woman who has lived in Tempe for 34 years, Parker co-founded H.O.P.E. Arizona in 2020 after she “saw people suffering in her community,” the lawsuit says. The organization fed unhoused people for years without a problem until 2022, when the city started to require permits. Parker told the Tempe City Council that her organization cannot afford the permits, which she said costs $5,000 a year. “We don’t have that kind of money,” an emotional Parker said during an August 2024 meeting. “I wish the mayor and the city council would be more compassionate to the homeless.” AZ Hugs, Davis’ organization, was to pay for permits and insurance. However, the city denied his application, citing the fact that Davis did not stop hosting his Sunday meals while his application was being processed. When Davis continued the meals after that denial, the city hit him with dozens of violations of the ordinance. Anastasia Boden, a senior attorney at Pacific Legal Foundation, said Davis shouldn’t have had to seek a permit in the first place. “AZ HUGS should be free to offer food to those who are hungry without facing a costly barrier or threat of criminal prosecu- tion,” she said. With an estimated 10,000 homeless people in Maricopa County, cities like Tempe and service providers struggle to meet the needs of the unhoused. Yet Tapscott and others feel Tempe’s approach has been to scowl at and fight the people trying to make a difference. He worries that, with Donald Trump back in the White House, that’s a sign of a larger shift that will make it harder to get people the help they need. “The city’s operation is very much in congruence with the way the Trump administration wants to treat people,” he said. “They may very well start turning their sight on people on the streets.” Fighting to Feed People from p 6 A sign sits under a pavilion during a Feb. 2 meal for unhoused people in a Tempe park. (TJ L’Heureux)
