A federal judge on Aug. 15 denied a request from two Arizona nonprofits to block Phoenix’s ordinance that limits food distribution and medical treatment in city parks, a decision that keeps the rules in place while the organizations’ broader constitutional challenge continues in federal court.
Court declines to find services are protected expressive conduct
U.S. District Judge Diane J. Humetewa ruled the plaintiffs — Circle the City and Valle del Sol Community Health — had not shown a likelihood of prevailing on their claim that providing food and medical care to people experiencing homelessness is inherently expressive conduct protected by the First Amendment.
“The Court disagrees that Plaintiffs’ provision of medical care or food to the unhoused is inherently expressive conduct under the First Amendment,” Humetewa wrote.
Humetewa’s order denies the nonprofits’ motion for a preliminary injunction and cancels a hearing that had been scheduled for the following day. With the injunction denied, the city’s Medical Treatment and Food Distribution in Parks Ordinance remains enforceable against Circle the City and Valle del Sol while the lawsuit, Circle the City et al. v. City of Phoenix et al., continues in the U.S. District Court for the District of Arizona.
What the lawsuit alleges
The organizations filed the complaint on June 15 and moved for preliminary injunctive relief on June 16. Circle the City provides street medicine and related health services to unhoused residents; Valle del Sol runs harm-reduction programs, including syringe services.
In their suit, the nonprofits argued the Phoenix ordinance violated the First Amendment by restricting charitable food distribution and medical care while exempting other park activities that involve food or medical assistance. They also contended that the city’s permit system functions as an unconstitutional prior restraint and that state law authorizing harm-reduction programs preempts any local restriction on syringe services.
Judge cites lack of communicative elements
Judge Humetewa’s decision emphasized that the record did not demonstrate observers would perceive the nonprofits’ provision of food or medical treatment as conveying a specific message that would merit First Amendment protection. The court pointed to the absence of signs, literature or other communications accompanying the services in the record before the court.
The ruling does not resolve the underlying constitutional questions; it addresses only the standard for preliminary injunctive relief, which requires a showing that plaintiffs are likely to succeed on the merits. Because the judge found that showing insufficient at this stage, the preliminary injunction was denied.
Immediate local effects and next steps
With the ordinance still enforceable, Circle the City and Valle del Sol may face municipal enforcement actions if they continue the same activities in city parks without complying with Phoenix’s rules and permit requirements. The nonprofits can pursue the case on the normal litigation track in federal court, where the full merits of their constitutional and preemption claims will be considered.
For Phoenix residents and service providers, the ruling underscores the tension between municipal regulation of parks and the practical delivery of food and medical services to people experiencing homelessness. The case will continue to be watched by legal advocates, city officials and health providers for its potential implications on public-health outreach and harm-reduction programs in public spaces.
- Decision date: Aug. 15, 2026 — preliminary injunction denied
- Case filed: June 15, 2026
- Preliminary injunction motion filed: June 16, 2026
| Party | Role |
|---|---|
| Circle the City | Provides street medicine and healthcare services to unhoused residents |
| Valle del Sol Community Health | Operates harm-reduction programs including syringe services |
| City of Phoenix | Enforced Medical Treatment and Food Distribution in Parks Ordinance |
| U.S. District Judge Diane J. Humetewa | Denied preliminary injunction, cancelled hearing |
The denial of emergency relief raises practical questions about how and where nonprofit providers will offer services to Phoenix’s unhoused population while the litigation continues. The case also highlights broader legal debates about the extent to which delivery of humanitarian aid or medical care in public spaces can be characterized as expressive conduct protected by the First Amendment.
As the lawsuit proceeds, city officials, legal counsel and service providers will face choices about compliance, enforcement and the potential for negotiated solutions that address public-safety and public-health concerns while preserving essential outreach to vulnerable residents.
