TEMPE, AZ — A Valley nonprofit organization says a Tempe judge has denied a motion to dismiss criminal trespassing charges against its director who serves food and provides resources for people experiencing homelessness.
AZ HUGS Director Austin Davis was reportedly charged after providing food, aid, and social opportunities to the unhoused at a Tempe park without a permit.
"While we are disappointed in the court's ruling, we will continue this legal battle to provide food, aid and social opportunities for the homeless," the group said in a press release. They continued, "This has never been a permitting issue. This is an issue about how government treats homeless people."
A judge reportedly denied the motion to dismiss the trespassing charges on July 12.
In January 2024, ABC15 learned that the city of Tempe required AZ Hugs to get a permit to continue their meals. The group applied but has continued hosting meals, defying city code.
Tempe denied AZ Hugs' permit request, saying in part, “The City of Tempe admires the compassion that goes into helping people who are unsheltered, but charitable food events must follow the same rules as other Tempe events open to the public.”
By denying the request, the organization would not be able to apply for a special event permit for a year. Officials said the decision was made due in part to the continued unpermitted activities.
The city council also heard complaints from some residents who brought up concerns about safety, excessive trash, and drug paraphernalia due to unsanctioned events in parks.
AZ Hugs believes the rules are only being enforced against their group's clientele.
The City of Tempe released the following information to ABC15:
Tempe Municipal Court has ruled it will not dismiss the complaint against Austin Davis, organizer of AZ Hugs for the Houseless, regarding charges of violating section 5-2 of Tempe City Code, holding an event without a special event permit. Judge Kevin Kane released his decision on July 12 on the defense’s motion to dismiss the complaint, stating, among other reasons, that:
· The application fee and other permit costs, such as event insurance coverage, imposed by the City to meet permit requirements and to protect public health, safety, and welfare, are not shown to be unreasonable or discriminatory.
· There is no evidence to find the City is administering the permitting process in a discriminatory manner or based on impermissible arbitrary classifications.
· There is no evidence to find the City or its prosecuting agency is selectively enforcing the code in a discriminatory manner.
· The events distribute courses of food with little health and safety precautions and distribute clothing, blankets, and other items to attendees.
· The events do not include special security services or any specific security plan.
The case will go to a pre-trial conference no sooner than 30 days from July 12. “This will allow the parties time to evaluate their legal options before considering the matter for a trial setting,” Judge Kane wrote. The City of Tempe requires a Special Event Permit for any public gathering that is open to the public. That permit is for the health and safety of those attending, working, volunteering or living near the event. The permit process evaluates the needs for restrooms, security, trash cans and trash removal, among other health and safety measures.
Davis and his group, AZ Hugs for the Houseless, have hosted many charitable food events in city parks without permits. Some have drawn more than 150 people. The City of Tempe has received ongoing complaints from nearby residents concerned about trash, drugs and drug paraphernalia found in the parks after these events.
While City of Tempe staff had reached out to Davis several times in hopes of finding compassionate solutions, he continued to violate City Code 5-2 by holding unpermitted food events in a variety of city parks, some as recently as last week.
The City of Tempe does not comment on litigation. This will serve as our statement on this issue.
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