TEMPE, Ariz. — The Tempe man facing criminal charges for hosting Sunday picnics for those experiencing homeless appears in court Monday for an evidentiary hearing.
Attorneys for the city called two witnesses during the hearing against Austin Davis. Both were city employees involved with the city's permitting process.
Beginning in 2022, Davis was asked by city officials to apply for a permit for his organization AZ Hugs' family picnics as they were growing in size. In December of 2023, he applied for the permit. His request was denied in January in part because he did not stop his picnics while his application was being reviewed, according to a city press release.
"They said we had to stop serving food for 60 days, two months, and that just wasn't doable,” Davis said. "The homeless population in our city deserves to be treated like the neighbors they are.”
Davis alleges he received unfair treatment during the permitting process.
A city employee testified that she initially declined Davis' permit because it was incomplete. However, days later, someone from the city manager's office denied the permit application because Davis continued to hold his events.
The city employees from the permitting and special events department testified there was nothing unusual about their process.
The hearing will continue on Thursday.
Neighbors say picnics are making the area unsafe and riddled with trash
The courtroom was packed for the hours-long hearing. While many showed up in support of Davis, others were there hoping to see a change as they say the picnics have had a negative impact on their neighborhood and at Papago Park where the picnics are held.
“I don't think it's the right setting or venue. It's not good for the preserve. It's not good for the parks. It's a safety issue," said Kelli Cholieu of Clean Up Papago.
Kelli Cholieu and volunteers with her organization Clean Up Papago spend a lot of time in the area cleaning up trash. She said she is supportive of what AZ Hugs is trying to do, but said the picnics have led to excessive trash, including drug paraphernalia.
“We've filled up buckets, full five-gallon buckets, of human feces out of the tunnel. We've pulled out over 50 uncapped syringes out of the children's play sand and another 300 syringes just in the preserve alone," Cholieu said.
Kim Gaffney-Loza said she has seen it too. She is the neighborhood chair of the Papago Parkway Neighborhood and sits on the Desert Conservation Commission.
“I would not take my family there because of the activity that I have seen," Gaffney-Loza said.
She said it is unfortunate the disagreement between Davis and the city has reached this point but wants to see change.
“If I was doing this on my own and I ignored the city's requests for structure and for permits, I would imagine I would be going to court as well," Gaffney-Loza said. “I really wish they would make a more concerted effort to work with the city.”
Davis said despite the ongoing court case and threat of possible jail time, he's refusing to stop his picnics.
“I don't think I'd be able to live with myself if I had an opportunity to stand up for people that I care about and I chose not to," Davis said. "If I gotta go to jail for this, I gotta go to jail for this.”
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