Phoenix Tried To Silence a Church Ministry – Ruling Could Bolster ACLJ’s Defense of Pastors in Colorado

A federal court in Arizona has recently issued a temporary restraining order blocking enforcement of a Phoenix ordinance that would have shut down a church from continuing its weekly homeless ministry in a local park – eerily similar to our ongoing case in Colorado.

The ruling in Arizona is significant because it could have a direct bearing on our litigation in Colorado. The result in Arizona could strengthen the arguments put forward by our legal team in Colorado.

The case, St. Herman’s Table v. City of Phoenix, involves a ministry that gathers weekly in a public park to provide meals, water, prayer, and Bibles as part of its deeply held religious practice. The federal court concluded the ministry is likely to succeed on its First Amendment claim because the ordinance targeted the church’s motivation for its gatherings and leaves other organizations free to conduct gatherings for other purposes.

This case raises similar constitutional concerns at the heart of Baca v. City of Northglenn, a case we are actively litigating. As we previously explained, pastors and church members in Colorado gathered in a public park for years to distribute food, worship, and pray with the local homeless until city officials targeted their religious gatherings by enacting an unconstitutional ordinance that prohibits them from meeting in any park. Like the ministry in Phoenix, these gatherings were peaceful and driven by sincerely held religious beliefs.

Help us protect ministries spreading the Gospel – sign our petition.

Phoenix’s conduct mirrors the type of government action we challenged in Northglenn, Colorado. Phoenix city officials enacted an ordinance requiring permits for “food distribution events” conducted for “charitable or similar humanitarian purposes.” Those requirements made it impossible to continue its weekly ministry. Similarly, Northglenn city officials enacted a sweeping restriction on recurring gatherings, effectively prohibiting our clients’ ministry. 

The Arizona federal court’s reasoning reinforces a principle central to both cases: Laws that single out conduct based on religious motivation are unconstitutional. The court found the ordinance was neither neutral nor generally applicable because it targeted food distribution based on its purpose and allowed other groups to distribute food for other purposes. In Baca, we raised the same concern – the city’s actions did not reflect a neutral interest in regulating park use, but rather a focus on the religious nature of the gatherings themselves.

When a rule or policy hinges on the religious motivation behind the activity, it triggers the most demanding level of constitutional scrutiny. As the Arizona federal court made clear, such laws are unlikely to survive, particularly when less restrictive and truly neutral alternatives are available.

As we continue the fight in Colorado, this ruling in Arizona marks another important step forward, reinforcing that the First Amendment does not allow cities to punish groups or individuals for simply exercising their faith. The Constitution solidifies the right to live out one’s faith without government interference.

As stated earlier, the Arizona federal court’s decision could have a major impact on our case in Colorado to defend pastors who were arrested for carrying out a homeless ministry. We will keep you updated on further developments. Please contact us at ACLJ.org if you or your church is facing a similar situation.

Take action with the ACLJ. Sign the petition: Defeat the Left’s War Against Christians.