Nonprofit sues Tempe over charity permit

Phoenix, AZ; April 10, 2025: Today, the founder of Arizona-based nonprofit AZ HUGS, Austin Davis, sued the City of Tempe over its use of special event permits, which the City is using to effectively ban charitable efforts such as feeding the homeless.  

“No organization should have to pay $125-3000 for a permit to engage in charity in a public park,” said Anastasia Boden, senior attorney at Pacific Legal Foundation. “AZ HUGS should be free to offer food to those who are hungry without facing a costly barrier or threat of criminal prosecution.”  

In 2020, Austin Davis founded AZ HUGS, a nonprofit organization dedicated to serving Tempe’s homeless community. What began as weekly Sunday dinners in public parks has grown to include a full range of charitable services, including mental health resources, addiction treatment services, temporary housing assistance, and employment opportunities.  

In 2022, Tempe began applying its permit scheme for “special events” to people who share food with the homeless in public parks. The permit, which costs $500 for each event and forces organizations to secure costly liability insurance, imposes a criminal trespass charge for any violation. The City, which had given Davis its Neighborhood Event of the Year award just a few months prior, charged him with 34 counts of trespassing and arrested him several times for his un-permitted charitable efforts. The city similarly cited a 78-year-old volunteer, threatening him with both fines and jail time.  

The government does not have a monopoly on charity. Americans have the constitutional right to pursue their callings, including helping those in need, without burdensome regulations.  

The case is Austin Davis v. City of Tempe, filed in the U.S. District Court for the District of Arizona.