In 6-3 vote, Phoenix City Council adopts regulations on food distribution in parks

PHOENIX — The Phoenix City Council approved new regulations on food distribution within its parks in a 6-3 vote Wednesday night.

The vote updates the Safe Medical Treatment in Parks Ordinance, which was approved in December when the city first restricted medical treatment within Phoenix parks.

Since then, the city reworked the ordinance to add food distribution and regulate the activities rather than ban them.

With Wednesday’s approval, organizations and individuals will need permission from the city to provide both medical treatment and food in most Phoenix parks.

The ordinance includes other rules, such as:

• Capping permits at two per park per month for food sharing or medical events.
• Restricting medical treatment to parking lots and hardscape areas, even when approved.
• Requiring medical treatment to happen in enclosed areas (such as a tent or vehicle).
• Requiring those with permits to have insurance.
• Banning possession of needles and syringes without a related prescription, including needle exchange programs.
• Requiring cleanup after events.

The regulations do not apply to first responders.

The ordinance does not restrict water distribution. In addition, naloxone, the opioid-overdose reversing drug also known as Narcan, can still be provided.

Private events, like birthday parties, would also not be affected by the changes.

The new rules will go into effect in June, and any violators could face a Class 1 misdemeanor.

What city leaders think about food distribution regulations

An original version of the ordinance approved in December passed by an 8-1 vote, but opposition to the updated restrictions tripled Wednesday night.

Councilwoman Laura Pastor voted in favor of the December medical ban. But before voting against the updated version, she questioned why food was included.

“Is there a possibility to separate the food and the medical?” she asked?

Her answer from colleagues was only silence.

Councilwoman Anna Hernandez also voted against it. She was outspoken against the measure over the past week.

She joined healthcare providers and local organizations in arguing that the measure will only make homelessness less visible and won’t result in safer parks or fewer syringes found in them.

Councilman Jim Waring also voted no, but for a different reason.

“It pains me to say I’m going to vote no. But the reason I’m voting no is I don’t want to have this activity in our parks, period,” Waring said.

Mayor Kate Gallego was among the supporters of the ordinance, arguing it provides a framework to work with medical and food providers while meeting the wants of residents who have spoken out against those events.

The ordinance’s staunchest supporter in the meeting was Councilwoman Betty Guardado, who cited multiple stories of her constituents being pricked by or finding needles in parks.

“That is why I will continue to push for strong enforcement, clear boundaries, appropriate locations within parks and accountability when standards are not met,” Guardado said.

Councilwomen Ann O’Brien and Debra Stark also reiterated they had heard multiple demands from the communities they represent to do something about the number of unhoused people in parks.

Councilman Kevin Robinson called it a fair compromise between the organizations that provide food or medical care and residents who want access to safe parks.

And for Councilwoman Kesha Hodge-Washington’s part, she supported the measure but said the city will reassess the results of the ordinance in six months.

Hours of public comment

Before the vote, Phoenix residents offered about three hours of public comment — both against and in support of the ordinance.

Among those supporting the park use rules were residents like a woman named Danielle.

“I have witnessed open drug use at the parks, individuals passed out on our porches after the events, erratic behavior along the street,” she said.

A major element of the support — both from the council and the public — focused on concerns about needles at parks.

Kelcey Reed, president of city staff union ASPTEA, said parks department employees are exposed to risk due to those needles.

“These conditions raise legitimate health and safety concerns, not only for our employees, but also for members of the public who use these spaces,” Reed.

Discussion by the council revealed that needle pricks happen up to twice a year to city staff.

Meanwhile, a majority of the public commenters, including many local healthcare professionals and organizations, opposed the measure.

Kim Depres, president and CEO of mobile healthcare provider Circle the City, argued the ordinance will result in fatal outcomes for people experiencing homelessness.

“And just so everyone is aware, we don’t leave needles in the parks, so kicking us out won’t make anything better,” she said.

Others framed the change as criminalizing homelessness or being overly punitive for those who want to help those in need.

Several others, like a resident named Lance, also pointed toward their faith as a major reason they provide food or medical care in parks.

“This is not volunteer work for us; this is a Christian ministry,” he said.

Possible legal action

The city will likely face a legal challenge to the updated parks ordinance. At least one affected organization told KTAR News 92.3 FM it plans to file a lawsuit.

While speaking at an event hosted by Hernandez last week, Will Knight of the National Homelessness Law Center called the medical care restrictions unconstitutional

“If the city doesn’t reject and repeal, the city is going to face legal consequences, and our constitution will protect the vulnerable Arizonans who need this healthcare,” Knight said.

While Waring did vote against the measure, he expressed skepticism that any legal action against the city would succeed.

“I have the longest history of being on this council, and I have heard more times than I would care to remember how we’re going to lose in court, how it’s impossible to do this or impossible to do that,” he said.

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