Lawsuit over homeless feeding ban in Tempe parks heads to court
Homeless advocates take city of Tempe to court
A lawsuit has been filed against the city of Tempe challenges a law that requires special permits for picnics and giveaways for homeless people. FOX 10's Brian Webb has the story.
TEMPE, Ariz. - The fight over feeding the homeless in Tempe city parks is heading to court.
The city put a stop to the homeless picnics, citing complaints over trash and drug paraphernalia and the need for a special permit.
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Now there’s a new lawsuit that aims to let these groups feed the homeless again.
The backstory:
You may remember these homeless picnics.
Austin Davis with AZ Hugs held them on Sundays in various parks until the city shut him down and cited him dozens of times.
Austin is no longer allowed in the vicinity of Tempe parks because of the citations.
Now this food fight is going to court.
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What they're saying:
"I think it showed the general public that those empowered are abusing their power to hurt the most vulnerable and the majority of people in our city decided we don’t want to stand for that," said Davis.
Austin isn’t alone.
Jane Parker’s group HOPE was also shut down by the city years ago.
"It just makes me feel terrible," said Parker. "I mean, to deny food to any person that’s hungry is inhumane and wrong on so many levels."
Russell Facente is the attorney and insists the city is missing the point.
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So these three are turning the tables on Tempe, taking the city to court over their first amendment rights.
"The city has interpreted it to encapsulate any size group that they believe is open to the public. So a group of people - three people, four people - if it seems open to the public, then they need a permit from the city and expect an expensive one," said Facente.
What's next:
The legal process could take many months.
A long time to wait if you’re homeless and hungry. But Austin hopes it’s a step closer to kindness.
"I don’t think there’s any other option but bring the community together and stand up for the most vulnerable population and protect each other‘s human rights," said Davis.
The other side:
The city of Tempe responded to the lawsuit today saying the following:
When an event is held utilizing City property that is open to the public, Tempe City Code requires a special event or other permit. This requirement - which applies equally to everyone - has been a requirement of the Tempe City Code for decades. We disagree with the allegations and we stand ready to defend this longstanding law.
We will keep an eye on the lawsuit and let you know what happens.