Tempe approves event restrictions over objections from advocates for homeless people

TEMPE — The Tempe City Council unanimously approved new restrictions on public events in a late-night vote despite objections from advocates for people experiencing homelessness.

The new Tempe event ordinance was approved after midnight during Tuesday’s council meeting. There was so much public input that the final 7-0 vote did not occur until around 1:30 a.m. Wednesday.

Officials say the changes, which are set to go into effect Aug. 1, are an effort to boost public safety and responsible use of city-owned property.

What does new Tempe event ordinance say?

Under the new regulations, most public events that use or potentially impact city-owned property, including parks, must be approved by Tempe officials.

The ordinance requires a permit for outdoor special events “functionally open to the public” and introduces new rules like not interfering with the “enjoyment of property by nearby residents or property owners.”

It also outlines rules for events at city parks, which can require a separate “limited use” permit process.

For example, a park event with more than 30 potential attendees would require that permit.

A public special event in Tempe could now cost an organizer anywhere from $400 to more than $3,000, according to a city presentation.

It also maintains an up to $25 fee to reserve a city park ramada, which can be separate from the higher fees imposed on special events.

Mayor Corey Woods said the new Tempe event rules are meant to create a simpler, more specific process so people can apply for permits based on what they’re actually doing.

Why is there opposition to new Tempe event rules?

Dozens of Tempe locals and activists from Phoenix Metro Democratic Socialists turned out to oppose the changes.

Many wore shirts with the same slogan: “Parks, not permits, are for the people.”

Major concerns aired included:

• Public city parks are effectively being privatized under the rules.
• The change is being made with little public input.
• City staff will have control over who can use parks for events.
• Lack of clarity around the new rules and how events are permitted.
• Potential skirting of first amendment right to assemble.

“Come up with at least clarifying language to help us understand what enforcement will look like,” one speaker from the community said before the vote.

Democratic state Sen. Lauren Kuby, a former member of the Tempe City Council, also joined calls opposing the new permit rules.

About 10 speakers from the public expressed support for the Tempe event changes, many hoping the increased permitting requirements will reduce visible homelessness in the city and result in cleaner alleyways.

Overall, more than 60 people from the public spoke on either side of the issue.

‘Will it only be used to hurt homeless people?’

For local organizations working to feed, clothe and ultimately get people experiencing homelessness off the streets, the updated ordinance represents a barrier to service.

Even before the new ordinance, Tempe police officers and city park rangers already had run-ins with local nonprofits like AZ Hugs.

This was over the use of city parks for picnic-like events for the unhoused without a permit.

AZ Hugs had been operating its events in city parks since 2020. In fact, Austin Davis, the nonprofit’s leader, was recognized by the city for his charitable work in 2022.

Last year, Davis was trespassed from Tempe parks for continuing his events without a permit.

Davis argued at the time if he stopped the events while waiting for city approval, the people he serves would be endangered or die.

“By no means does this mean we’re gonna stop,” a visibly upset Davis said after the council vote. “The community serves the community seven days a week. … That’s not gonna stop.”

The issue of city pushback to events aimed at assisting the local homeless population extends past city parks.

Over the weekend, Robert Thornton with Cloud Covered Streets said the city threatened to fine one of its service partners $1,500 over plans to host a mobile shower event in a Tempe parking lot.

Nonprofits are worried the new rules will be used to deny permits for similar events.

“We have a lot of feelings that could be,” said Dave Wells with Tempe outreach group New Meal Deal. “We’ve sort of felt that all along. We don’t trust the city would actually allow us to do that.”

What did supporters of Tempe event regulations say?

Tempe officials have previously told KTAR News 92.3 FM these events did partly prompt the push to update the city code.

“From my perspective this is not discriminatory. … This is an attempt to actually create a more simplified process,” Woods said at Tuesday’s meeting.

Councilwoman Berdetta Hodge said a majority of residents she has heard from about the issue are happy to see the new permits.

Kim Gaffney-Loza and other Tempe residents who spoke in favor of the new permitting requirements expressed hope that rule changes will result in a cleaner, safer city.

“I believe if you feed them, they will come — and that is my point. There has to be better places to feed people in need. … There has to be better solutions,” Gaffney-Loza said.

There is still ongoing legal action over Tempe’s penalties against AZ Hugs founder Davis for hosting his events for the unhoused without a permit.

It’s unclear how the updated ordinance will factor into Davis’ lawsuit against the city, but city staff did make it clear their goal was to get the ordinance passed before a judge could issue a preliminary injunction in the case.

“It’s disappointing,” Davis said after the vote. “I’m not worried, I’ve seen how the community here stands up for each other.”

Related

City of Tempe proposes permitting updates for special events and city parksMaricopa County, Tempe break ground on permanent housing and services centerTempe to strictly enforce its urban camping ban after SCOTUS ruling, Prop 312 passage'We're not gonna stop': Man arrested, jailed for not having permit to feed homeless in Tempe parksEast Valley city at odds with nonprofit group over free picnics for unhoused peopleMaricopa County heat deaths surge past 2025’s pace as officials expand cooling resources