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Phoenix park-aid rule draws conflicting rulings as nonprofits appeal
Two federal judges have reached different conclusions about whether Phoenix can restrict food and medical aid in city parks, leaving the ordinance’s reach uncertain. Nonprofits are appealing one ruling, while a separate religious-freedom lawsuit remains unresolved.
Two federal judges in Arizona have issued sharply different rulings on Phoenix’s restrictions on food and medical aid for unhoused people in city parks, leaving the ordinance’s future uncertain as one case heads toward appeal.
The Phoenix City Council approved the measure by a 6-3 vote in May. It makes hosting food distribution or medical events in city parks without a permit a misdemeanor, bans needle-exchange events and limits where and how often groups can provide certain services. The city has said the rules address crowds, noise and waste that can interfere with other park users.
In one case, U.S. District Judge Krissa Lanham barred the city from enforcing the ordinance against St. Herman’s Table while its lawsuit proceeds. The Orthodox Christian ministry’s founder, Lance Brace, says his faith compels him to provide food, water, Bibles and hygiene items to unhoused people. Lanham found that his religious-freedom claim was likely to succeed, in part because the ordinance singles out events with “charitable or similar humanitarian purposes.” The city did not challenge Brace’s religious sincerity.
Lanham said Phoenix could pursue its park-management goals through less restrictive rules based on factors such as event size, noise or trash. The judge has not issued a final ruling, and the city and Brace were still awaiting a decision on the broader case in late September.
A separate challenge by medical nonprofits Circle the City and Valle del Sol was dismissed by U.S. District Judge Diane Humetewa. The groups argued that providing care and food communicates that everyone deserves dignity and assistance. Humetewa concluded their events were not clearly understood as expression by observers, noting the complaint did not describe banners or literature making that message explicit. The nonprofits notified the court Oct. 7 that they would appeal to the 9th U.S. Circuit Court of Appeals.
The different outcomes reflect the distinct legal tests applied. Lanham found a likely burden on religious exercise, requiring Phoenix to meet a demanding standard to justify the restrictions. Humetewa found the nonprofits had not shown that their services were protected expression, leaving the city with a lower bar to show the ordinance was logically related to public safety.
For now, Phoenix may enforce the ordinance against groups other than Brace’s ministry. The rulings could affect whether service providers can reach people in parks without risking criminal charges. About 7,300 people were unhoused in Phoenix in 2026, according to the regional Point in Time count.