TEMPE, Ariz. — Every Sunday, Austin Davis sets up food and water at Papago Park in Tempe for those experiencing homelessness. He picked Sundays for his picnics because he said he routinely heard that Sundays were hard for those who had fallen on hard times. They reminded them of dinners with their parents growing up. Davis decided to change that.
They say no good deed goes unpunished and Davis has learned a good deed done without a permit can land you in court.
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Davis founded AZ Hugs when he was a student at ASU. He became aware of people experiencing homelessness in the city's riverbottom area.
"I was seeing no one had water down there. So I think that's when we really became first super connected with the Tempe homeless community," Davis said.
That evolved into his Sunday picnics where he provides food, water and information about resources like shelter and rehab to those experiencing homelessness. He has been hosting them at Papago Park for the past several months.
He was previously told by city officials that he needed a permit for his picnics. City officials said they were getting complaints from neighbors about excessive trash and drug paraphernalia being left behind in the park following the picnics.
“All public open space used for events, whether hosted by a nonprofit organization, resident or business, requires a special event permit. No person or organization is above city code, regardless of the type of event being held,” said Greg Ruiz, interim deputy city manager over Community Health and Human Services, Tempe Police and Tempe Fire Medical Rescue.
In December of 2023, Davis applied for the permit. He was told he needed to stop his picnics during the review process.
“We just kind of had to make the decision, do we continue serving food? Do we not? And it was a really easy decision to make," Davis said.
He continued with the picnics and in January, he learned his application was denied.
Tempe city officials were unable to provide new information citing pending litigation, but in a statement released in January, a spokesperson said Davis violated City Code 5-2 by holding unpermitted food events. They said he defied numerous written and verbal notifications about the need for a permit.
Davis was charged with multiple misdemeanors. Tempe prosecutors have dismissed most charges without prejudice, meaning they can be refiled.
Davis still faces one charge which has a penalty of up to $2,500 in fines and up to six months behind bars.
“The City of Tempe admires the compassion that goes into helping people who are unsheltered, but charitable food events must follow the same rules as other Tempe events open to the public," a spokesperson said in a January statement.
Davis is due back in court in June for an evidentiary hearing in his case. He's still hosting his community picnics in the meantime. He's inviting city leaders to attend so they can talk and reach a compromise.
“Let's figure out how to work together to take care of this population and let's actively make sure that this population knows they are neighbors in the community, just as you or I are," Davis said.