By Matthew Holloway |

A federal judge denied a request on Tuesday from two healthcare nonprofits seeking to block Phoenix from enforcing restrictions on food distribution and medical treatment in city parks. The court found that the organizations had not shown a likelihood of success on their argument that the activities constitute expressive conduct under the First Amendment.

U.S. District Judge Diane J. Humetewa denied the preliminary-injunction motion filed by Circle the City and Valle del Sol Community Health. Humetewa also canceled a hearing that had been scheduled for Wednesday.

“The Court disagrees that Plaintiffs’ provision of medical care or food to the unhoused is inherently expressive conduct under the First Amendment,” Humetewa wrote.

The order leaves Phoenix’s Medical Treatment and Food Distribution in Parks Ordinance enforceable against the two organizations while their underlying lawsuit continues. The organizations filed the case, Circle the City et al. v. City of Phoenix et al., in the U.S. District Court for the District of Arizona on June 15 and submitted their motion for preliminary injunction the following day.

Circle the City provides street medicine and other healthcare services to homeless residents, while Valle del Sol operates harm-reduction programs that include syringe services. Their lawsuit argues that the ordinance violates the First Amendment by restricting charitable food distribution and medical care while exempting other activities involving food or medical assistance.

The plaintiffs also contend that the city’s permit system operates as an unconstitutional prior restraint and that Arizona law authorizing harm-reduction programs preempts the ordinance’s restrictions on syringe services.

Humetewa found that the nonprofits had not demonstrated that observers would understand their provision of food and medical care as communicating their stated message that every person deserves dignity and access to basic services. Humetewa cited the absence of signs, literature, or other accompanying communications in the record.

Humetewa also wrote that the First Amendment gives governments greater latitude to regulate conduct than spoken or written expression.

Attorney Will Knight of the National Homelessness Law Center said the plaintiffs were disappointed with the ruling and were reviewing their legal options. Phoenix declined to comment on the decision, citing the pending litigation.

The Phoenix City Council approved the ordinance on May 6, and it took effect on June 7. Individuals and organizations must obtain a Parks Services Permit before conducting charitable food distributions or providing covered medical treatment in a city park.

Phoenix will issue no more than two per eligible park each month. The ordinance requires covered medical services to be provided under the supervision of a licensed professional inside an enclosed tent or mobile medical vehicle located on a parking lot or other approved hardscape area.

The ordinance also prohibits the sale, distribution, or exchange of syringes or needles, needle-exchange programs, and the distribution of needle or intramuscular naloxone in city parks. Violations constitute a Class 1 misdemeanor.

The ordinance contains exemptions, including those for first responders, assistance provided during emergencies, aid given to family members, water and electrolyte distribution, educational outreach, and private gatherings where food is served to participants.

Phoenix says the framework is intended to keep parks clean, safe, and accessible while connecting homeless residents with established service providers. The city encourages residents to support organizations participating in its Healthy Giving program.

The Humetewa ruling follows a different result in a parallel challenge brought by St. Herman’s Table, an Orthodox Christian ministry that distributes meals to homeless residents at Cave Creek Park.

U.S. District Judge Krissa Lanham granted St. Herman’s Table and its founder, Lance Brace, a temporary restraining order on June 10, finding that they were likely to succeed on their First Amendment Free Exercise claim. Lanham extended the order on June 16 until she rules on their preliminary injunction motion.

The temporary order prohibits Phoenix from enforcing the ordinance against St. Herman’s Table and Brace. It does not apply to other organizations.

AZ Free News reported in June that St. Herman’s Table distributes meals, water, Bibles, and hygiene supplies each week as part of its religious ministry.

The ordinance and Phoenix’s handling of homelessness have also drawn political criticism. In May, Arizona Republican Party Chairman Sergio Arellano joined radio host James T. Harris during a visit to the downtown area known as “The Zone.”

Arellano criticized city leadership and praised an unidentified faith-based nonprofit that the Arizona Republican Party said received no taxpayer funding. Harris regularly conducts homeless outreach through The Bridge for Community Services, where he serves as corporate vice president and executive director. The party’s post did not identify the organization accompanying Harris, and The Bridge is not a party to either federal lawsuit.

Humetewa’s ruling addresses the request for immediate relief filed by Circle the City and Valle del Sol. Their broader challenge to the ordinance remains pending before the federal court.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.