‘We’re not gonna stop’: Man arrested, jailed for not having permit to feed homeless in Tempe parks

PHOENIX — A homeless advocate was arrested and booked in a Tempe jail for trespassing at Moeur Park, authorities announced on July 27.

Austin Davis, founder of the Valley homeless advocate AZ Hugs, was given multiple warnings from the Tempe Police Department, but continued to trespass onto restricted area.

He was arrested on July 26 in a park that ranks among those in Tempe with the highest number of incident reports, a Tempe press release said.

Davis’ first warning on July 1 stated that he was banned from Papago Park Regional Area for 30 day (July 2 to Aug. 1). Park rangers then saw Davis on the grounds on July 3, 6, 23 and 24.

Davis was hit with a one-year ban from all Tempe parks prior to his arrest.

More details about AZ Hugs founder arrest

Davis told KTAR News’ The Chris & Joe Show Friday that he couldn’t imagine not standing up for the surrounding homeless community and will continue to fight for the most vulnerable people in Phoenix.

AZ Hugs hosts its Sunday Family Picnic at Moeur Park, providing three to five courses of food to people in need. The advocate group also offers daily services such as detox, rehab and shelter.

The city of Tempe said AZ Hugs was required to apply for and obtain a special events permit to continue its outreach efforts.

A 60-day layoff period was put in place by the city government, meaning Davis and AZ Hugs could not hand out relief items until the two months were up and the permit was officially in place.

“The streets are like quicksand. It wasn’t a hard decision at all when we (AZ Hugs) were asked to stop,” Davis said. “I was at a picnic I believe when I got word of (needing a permit) and we’re like ‘No, of course we’re not gonna stop.'”

Why are Tempe officials pushing back against homeless advocate?

City representatives such as Community Services Director Craig Hayton had previously deemed the picnics as a safety concern and a type of aid that prolongs homelessness.

“The residents of Tempe support taking care of the most vulnerable population,” Davis said. “It is incredibly important right now that we come together to not only continue taking care of this population, but to put pressure on our elected officials to find a way to compromise with us on this. We’re not gonna budge on the homeless deserving human rights.”

Davis said his group could have moved elsewhere in Maricopa County, but moving the homeless to a neighboring city would not solve the core issue. Moeur Park had been selected as the optimal location for outreach because it is on the edge of the city, right before Mill Avenue turns into Van Buren. Davis said local churches have been utilizing the space for events over the past 20-25 years, making it well-established for use in the public eye.

AZ Hugs did host some picnics at Papago Park, as more and more law enforcement were occupying Moeur Park.

“So naturally (the homeless) migrated to the next closest potential safe place … (Papago) was a much less ideal location because it’s around neighborhoods. The hill (Moeur Park) is not,” Davis said.

Papago Park had installed around-the-clock surveillance and Davis said park rangers were allegedly arresting people left and right for trespassing, similar to his current situation.

Latest update on AZ Hugs founder arrest

Davis said his lawyers are preparing for a pre-trail conference scheduled for Aug. 14 in Tempe Municipal Court. He will be taking both the trespassing cases and permit grievance to trial and said he feels confident with constitutional and communal support.

“I have no doubt, it will all be okay eventually. As long as we stick to what we know to be true, and as long as we’re taking care of our community in the way that community needs, and that we’re meeting those needs, I don’t have any regrets and I wouldn’t change anything,” Davis said.

In 2022, Davis was a recipient of Arizona’s Family’s  Pay It Forward award, which paid out $500 to the then-Arizona State University student for his community service.