In St. Herman's Table v. City of Phoenix, (D AZ, June 10, 2026), an Arizona federal district court granted a temporary restraining order barring the city of Phoenix from enforcing against plaintiff a requirement that it obtain a permit for its food distribution in Cave Creek Park. A permit is required for events in which food is distributed in Phoenix parks to the general public for charitable purposes. Only a limited number of permits are available. The court said in part:
St. Herman’s Table, a ministry and nonprofit corporation, and ... its founder, allege the new ordinance violates their right to practice their religion by providing meals, water, and Bibles to homeless people....
The ordinance at issue appears neither neutral nor generally applicable. Neutrality requires conduct be proscribed “regardless of motivation.”... But the ordinance plainly categorizes food distribution with specific regard to motivation, requiring a permit only for those events undertaken for “charitable or similar humanitarian purposes.”... Although subtle, charitable purposes certainly correlate with religious ones....
Similarly, the ordinance is not generally applicable because it permits secular activities that “undermine[] the government’s asserted interest in a similar way.”... [O]rganizations are permitted to distribute food when it is not for public consumption or not for charitable or humanitarian purposes ..., even when their events are equally large, noisy, and trash-producing....
Because it is neither neutral nor generally applicable, the ordinance is subject to strict scrutiny.... [E]ven if Phoenix had identified compelling government interests, it seems likely those interests could be furthered by less-restrictive or more narrowly-tailored means, for instance requiring permits based on an event’s size, trash levels, or noise levels....
Arizona Republic reports on the decision.