Legal Issue(s): Free Religious Exercise
Court: U.S. District Court of Arizona
Case Status: Pending
Center's Role: Counsel
Case Description
Volunteers from St. Herman’s Table’s, an Orthodox Christian group, visit Cave Creek Park at Cactus in Phoenix, Arizona, every Thursday, where they fulfill their religious calling of almsgiving by handing out meals to homeless individuals. These volunteers serve everyone with dignity and love, have never been cited by the city for this work, and leave the park cleaner than they find it.
On May 6, 2026, the Phoenix City Council passed the Medical Treatment and Food Distribution in Parks Ordinance (the ordinance), which criminalizes feeding the homeless in city parks. The ordinance requires individuals and organizations distributing meals to the general public within the park to apply for a permit to do so. Only two such permits per park will be available to ministries and humanitarian organizations each month. Failure to obtain a permit is a Class 1 Misdemeanor.
The ordinance does not apply to any person who distributes food in the park if the food goes to family or friends. Nor does the ordinance apply to birthday parties, wedding receptions, and other secular gatherings involving food. Those meeting these exceptions can use picnic tables in the park. On the other hand, those wanting to hand out food to the homeless must do so in the black asphalt parking lot—assuming they are lucky enough to get one of that month’s two permits.
On June 2, 2026, Christian Legal Society’s Center for Law & Religious Freedom (the Center) filed a lawsuit on behalf of St. Herman’s Table in the U.S. District Court of Arizona. Filed just days before the ordinance was to take effect, the lawsuit alleges the ordinance violates the free exercise of religion clause in the First Amendment because the ordinance allows “secular” events, such as family gatherings and picnics, without city approval, but requires religious activities to go through a permitting process. The lawsuit also claims the ordinance creates unconstitutional restrictions on free speech and is unconstitutionally vague.
Christian Legal Society (CLS) sought to avoid this conflict with the city by sending the city a letter raising St. Herman’s Table’s First Amendment objections to the ordinance, but the city refused to agree to delay enforcement against the half dozen volunteers of St. Herman’s Table, even for two weeks.
At the same time of filing the lawsuit, CLS also filed an emergency application for a Temporary Restraining Order (TRO), requesting that the court allow St. Herman’s Table to continue serving those in need for the immediate future and until the case could be further heard by the court.
On June 10, the district court issued a temporary restraining order, preventing the city from enforcing its parks ordinance against St. Herman’s Table until June 24. In granting the temporary restraining order, the court also found that St. Herman’s Table is likely to succeed on its First Amendment free exercise claim. In addition, the court ordered the parties to confer and respond by June 15 whether they believe the case could be resolved through upcoming preliminary injunction proceedings instead of a lengthy court battle.
Read CLS’ press release here.
On June 16, the court issued an order that consolidates the preliminary injunction and permanent injunction hearings, extends the TRO until the court decides on the injunctions, and gives the city until July 10 to make changes in the rules, procedures, or the Ordinance itself and advise St. Herman’s Table and CLS of such changes.
