Overview
- U.S. District Judge Krissa M. Lanham issued a 14-day temporary restraining order that took effect on June 10 and bars Phoenix from enforcing the parks ordinance against St. Herman’s Table and its founder Lance Brace.
- Lanham found the plaintiffs are likely to succeed on a First Amendment Free Exercise claim because the law singles out food distribution for charitable purposes and is not neutral or generally applicable.
- The ordinance, passed May 6 and effective in early June, makes unpermitted food or medical aid in parks a misdemeanor, limits permits to two per approved park per month, requires high liability insurance, and bans syringe-exchange programs and needle-administered naloxone.
- Phoenix argues the rule is needed to curb litter, used needles, crowds and displacement of other park users and says it will comply with the narrow court order while defending the law in court.
- The court ordered the parties to file a joint statement by June 15 about combining preliminary injunction briefing with the merits and will decide later in June whether to extend the enforcement pause, a step that could shape future limits on charitable and expressive conduct in public spaces.