PHOENIX — A federal court has upheld a contentious ordinance in Bullhead City that requires a permit to feed the homeless in city parks, deeming it constitutional. The ruling allows the city to regulate food sharing in public spaces.

Bullhead City Manager Toby Cotter highlighted the decision, stating, “The court’s ruling shows that cities can have common sense laws and still help those in need.” This comes in the wake of an incident that arrested 80-year-old Norma Thornton for distributing food from her vehicle in Community Park.

The ordinance was enacted by the City Council in February 2021 and took effect the following June, designating violations as a Class 2 misdemeanor. Although the charges against Thornton were dropped, she pursued legal action, claiming the law violated her rights.

Thornton, represented by the Institute for Justice, described her experience as “heartbreaking,” emphasizing her desire to aid those in her community. “It makes no sense for the city to prevent me from doing so,” she added.

In her ruling, Judge Susan M. Brnovich stated that the ordinance does not criminalize charitable acts but instead regulates how they can occur in public parks. The court noted Bullhead City’s intention to mitigate foodborne illnesses and littering issues as legitimate governmental interests.

Cotter and Police Chief Robert Trebes reiterated that the ordinance does not entirely ban food sharing, only in the parks governed by the law. They believe that local elected officials are best positioned to create regulations tailored to community challenges.

Nonetheless, Thornton argues that the ordinance imposes undue burdens on charity work. It requires expensive permits and limits her to one event per month, while non-charitable events face no similar restrictions.

The Institute for Justice plans to appeal the decision, advocating for the right to perform charitable acts without such constraints. Senior Attorney Paul Avelar criticized the district court’s failure to acknowledge the historical importance of charity in America, asserting that Bullhead City’s ordinance infringes on individuals’ rights to help others.