A federal judge has issued a temporary restraining order barring the city of Phoenix from fully enforcing its new parks ordinance.
The ordinance bans distributing food or providing medical care to people in need at parks without a city permit.
In an ongoing lawsuit, St. Herman’s Table, a ministry that serves food to people without housing, accuses Phoenix of violating its First Amendment rights. Steven T. McFarland is representing the ministry in court.
“Imagine if you’re handing out hamburgers, it depends on why you’re doing it. If you’re celebrating your nephew’s graduation, you’re fine, you don’t need a permit. If you are handing it to a homeless person who hasn’t eaten in three days, you’re arrested unless you have a permit," McFarland said.
The judge’s order only applies to the ministry. The city can still enforce the ordinance against other groups.
The city of Phoenix issued this statement:
“We will comply with the Court’s very narrow temporary order, which applies only to St. Herman’s Table and Lance Brace, for two weeks. The City Council adopted this ordinance to ensure that all residents can enjoy their neighborhood parks, and it applies equally to anyone who wants to hold a feeding event at a park. It makes no distinction based on religion. The ordinance simply provides an effective tool to regulate and manage the growing competition in City parks between food distribution events and other, more traditional park uses, like children’s play, youth sports, adult recreation, and family outings. We encourage anyone who wants to provide food to people experiencing homelessness to participate in Healthy Giving. Residents can find opportunities to give back to trusted organizations at givesmartaz.org.”
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