TEMPE, AZ — The director of AZ Hugs, a Valley non-profit that feeds the unhoused and provides other social services, filed a joint lawsuit against the city of Tempe over an ordinance he claims targets marginalized groups.
"This ordinance is being used to limit access to, you know, these basic human necessities,” AZ Hugs Director Austin Davis told ABC15. “So first and foremost, the goal is, let's get this law invalidated so that they can't use it against other groups and this population again.”
The ordinance in dispute requires a special event or other permit when an event is held utilizing city property — a rule the city notes has been in place for decades.
"It really just felt like they were using this arbitrary permit review process as a way to halt access to these basic human necessities, you know, access to food and water for enough time where they could push the homeless population out to neighboring cities,” Davis said.
Davis applied for the permit but continued to serve the unhoused at a city park while it was under review. According to his attorney Russell Facente, since the fall of 2022 Davis has received 34 citations which ultimately led to a plea deal with the city and now a lawsuit.
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"They officially started to send police to the events, essentially saying, we will arrest you if you don't get a permit, he filed for the permit, and the permit was denied by the city and so they started racking up criminal charges,” Facente said, adding that "they've alleged that, because these events are open to the public, no matter the size, no matter the scope, no matter the activity, in this instance, food sharing, they require city permission and city permit.”
In a statement to ABC15, the city of Tempe said "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.”
The statement went on to say that while the “city has not yet been served with the lawsuit, we disagree with the allegations, and we stand ready to defend this longstanding law.”
Also listed on the lawsuit is Jane Parker, who runs H.O.P.E Arizona, and Ron Tapscott, who runs New Deal Meal. Tapscott has also been previously cited in Tempe for similar reasons.
