The Center filed a lawsuit against the City of Phoenix on behalf of its client, St. Herman’s Table, regarding the city’s recent passage of an ordinance that would criminalize feeding the homeless in a local park. At the same time, the Center requested both a preliminary injunction and an emergency temporary restraining order (TRO). The Center had previously sent a letter to the city raising St. Herman’s First Amendment objections to the ordinance and filed suit only after the city refused to agree to delay enforcement against the half dozen volunteers of St. Herman’s Table for even two weeks.
The ordinance, which went into effect June 7, requires individuals and organizations distributing meals to the general public within the park to apply for a permit to do so. Only two permits per park are available each month to ministries and humanitarian organizations. Failure to obtain a permit is a Class 1 Misdemeanor.
St. Herman’s Table is led by a group of volunteers who fulfill their religious calling of almsgiving by feeding homeless individuals in their community every week in Cave Creek Park at Cactus every. The complaint alleges the ordinance discriminates against religious ministries in clear violation of the First Amendment. To top it all off, the ordinance includes multiple carve outs for other members of the community to host birthday parties and other celebrations.
