Judge allows religious group food distribution lawsuit

The city of Phoenix is facing a new lawsuit over recent restrictions on food-sharing in its parks.

The Christian Legal Society filed the lawsuit June 2, representing a group of local Christian volunteers called “St. Herman’s Table.”

It was filed days before Phoenix’s new Medical Treatment and Food Distribution in Parks Ordinance went into effect June 7.

The ordinance requires organizations and individuals to get permission from the city before providing food or medical treatment in parks and caps those events at two per month per park.

The lawsuit focuses on the food-sharing restrictions and claims St. Herman’s Table and its founder, Lance Brace, have had their right to religious expression violated by the new city rules.

The group brings food to Cave Creek Park every Thursday, providing meals to about two dozen unhoused people.

Steven McFarland, director of the Christian Legal Society’s Center for Law and Religious Freedom, argued:

“The core issue is whether the government can distinguish among its citizens in terms of allowing their access to a public park based on the motivations of their users.”

Lawsuit targets food-sharing restrictions

U.S. District Judge Krissa Lanham, who is presiding over the case, has also 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, Lanham found St. Herman’s Table is likely to succeed on its First Amendment free exercise claim.

McFarland said that is because the ordinance allows what he called “secular” events, such as family gatherings and picnics, without city approval, while religious activities are required to go through the permitting process.

“That kind of distinction over motivation is just a plain violation of the free exercise of religion clause in the First Amendment,” he said.

The lawsuit also claims the ordinance creates unconstitutional restrictions on free speech and is unconstitutionally vague.

“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.”

A statement sent to KTAR News 92.3 FM from The city of Phoenix.

Court filings also show Councilwoman Debra Stark pointed to issues she has heard from constituents in parks as evidence the city needs to regulate how those spaces are used.

In a June 6 legal response to the lawsuit, attorneys for the city referred to the Christian Legal Society’s free exercise claim as a “non-starter,” a filing made before the judge issued her order.

Both parties have also been ordered to file a joint statement by June 15 outlining whether they believe the case could be resolved through upcoming preliminary injunction proceedings instead of a lengthy court battle.

McFarland said there are two main goals with the lawsuit: in the short term, to allow St. Herman’s Table to continue its food distribution events without fear of criminal penalties, which has succeeded for now.

He also said the Christian Legal Society wants to establish a precedent that prevents other cities from taking similar actions to Phoenix’s current parks ordinance.

“Don’t get fast and loose with the First Amendment,” McFarland said.

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