Austin Davis has devoted his life to helping those in need. In 2020, while still attending Arizona State University, he founded AZ HUGS, a nonprofit dedicated to serving Tempe’s homeless community. What began as weekly Sunday dinners in public parks evolved into comprehensive support—providing mental health resources, addiction treatment access, haircuts, social services, temporary housing assistance, and employment opportunities to the homeless.
Tempe officials took notice of Austin’s compassionate work, and in March 2022, it recognized him with the City’s “Neighborhood Event of the Year” award. Yet in a chilling move just five months later, the City pivoted from celebrating these acts of kindness to criminalizing them.
The City began requiring that nonprofits feeding the homeless obtain “special event” permits—imposing a $125-3000 price tag per event, plus expensive liability insurance on these local charities. The punishment for noncompliance is swift and severe, as Austin soon learned the hard way.
Austin applied for a permit, even though the requirement never before applied to AZ HUGS’ activities. The City rejected his application because he refused to stop feeding hungry people during the 60-day review process—a demand that made no sense, given his years of incident-free service.
Tempe police then started citing Austin every weekend for conducting a picnic in the park without a permit, ultimately barring him from all parks and charging him with criminal trespassing when he kept showing up. In July 2024, officers arrested Austin while he was picking up dinner supplies. He was handcuffed, forced to spend the night in jail, and released only on the condition that he not enter any public park.
By September, Austin faced 34 charges of trespassing and holding picnics without permits. He accepted a plea deal, pleading guilty to one permit violation so he could get back to helping the homeless. Yet on October 1, police arrested him again when he momentarily stepped onto park property to de-escalate an argument between two homeless individuals.
Today, Austin is banned from every park and preservation area in Tempe. He continues his mission by meeting people at bus stops and other locations, giving rides to rehabilitation facilities, and volunteering at a homeless shelter. For Austin, helping the homeless isn’t just work—it’s his calling.
Tempe officials inflicted similar treatment on Ron Tapscott, a 78-year-old retired social worker and New Deal Meal member who organized private food-sharing events. Police warned and eventually cited him for hosting meals in a park, threatening him with both fines and jail time.
Jane Parker, a longtime Tempe resident who runs a nonprofit similar to Austin’s called H.O.P.E. Arizona, confronted officials at a city council meeting, criticizing the City’s homeless policies and asking the city to drop all charges against Austin. Jane also explained the permit requirement’s financial burden—feeding the homeless just once or twice monthly would cost H.O.P.E. Arizona $5,000 annually in fees—money they simply don’t have. While Jane is committed to her charitable work, she now lives in fear that she will face similar treatment as Austin and Ron.
Her logic fell on deaf ears. Tempe’s permit scheme has nothing to do with protecting the public; it merely gives government officials unchecked power to shut down activities they disfavor. It’s also unconstitutional, violating constitutional protections for freedom of expression, peaceful assembly, sharing food or clothing with hungry people, and charitably disposing of one’s property. None of these activities should require government permission.
The government doesn’t hold a monopoly on charity. Americans have the constitutional right to pursue their calling without burdensome regulations—including helping those in need. Tempe should applaud citizens whose private charitable acts uplift people and their communities, not arrest them or obstruct them with unlawful permit mandates.
Represented by Pacific Legal Foundation free of charge, Austin, Jane, and Ron are fighting back with a federal lawsuit. A victory would restore their right to serve Tempe’s most vulnerable residents and protect the rights of all Americans to pursue similar acts of compassion free from unjust government interference.
What’s At Stake?
- Americans have the constitutional right to pursue their calling without burdensome regulations—including providing charity in their communities.
- Tempe, Arizona’s burdensome permit requirement for sharing food with the hungry is unconstitutional and has nothing to do with protecting the public. It actively limits resources for the city’s most vulnerable residents and prevents citizens from taking action to support their community.
