AZ Hugs Scandal: Cities’ Missteps in Tackling Homelessness Uncovered

Roberto Delaney places a bag of ice in a cooler as Charlie Sanders looks on, both trying to stay cool inside their tent at a homeless encampment on Tuesday, July 19, 2022, in Phoenix. (AP Photo/Ross D. Franklin)

The city of Tempe is facing legal scrutiny over its treatment of a local charity initiative aimed at aiding the homeless. The charity in question, AZ Hugs, founded by Austin Davis, was denied a permit to host their Sunday Family Picnic, a weekly event providing free meals and water to those in need at a public park.

Despite the denial, Davis continued to serve food, resulting in his arrest on July 26. He now faces over a dozen charges. Davis and AZ Hugs have been instrumental in not only feeding the homeless but also connecting them with shelter and other necessary services.

This incident is part of a broader trend of local governments criminalizing acts of charity. Another case involves Norma Thornton, a grandmother and retired restaurateur who was arrested in Bullhead City for distributing home-cooked meals to the hungry in a public park. Bullhead City’s stringent permitting requirements for charitable food sharing make it virtually impossible for individuals to legally provide food to those in need.

Legal battles have ensued, with public-interest firms like the Institute for Justice stepping in to represent those affected. In Thornton’s case, the arresting officer even referred to the arrest as a “PR nightmare.”

Such legal challenges are supported by a long-established constitutional right to engage in charity, a principle deeply rooted in American identity. Efforts to curb charity are not unique to Arizona. In North Wilkesboro, North Carolina, officials attempted to use zoning laws to prevent a local non-profit from opening a homeless shelter, a move that was overturned by a federal court.

According to Judge Kenneth D. Bell, “While homeless individuals face many challenges, attaining equal protection of the law under the Constitution ought not be one of them.” This sentiment highlights the ongoing struggle between local governments and individuals attempting to address public problems through private solutions. While governments are not obligated to provide shelter or food, they cannot obstruct those who wish to do so.

Diana Simpson, an attorney at the Institute for Justice, represents Norma Thornton in her case against Bullhead City.