It was a Friday afternoon, July 26, and Austin Davis was leaving his Scottsdale apartment to get ice and water for a homeless outreach at a Tempe park, operated by the nonprofit AZ Hugs he founded. He had an uneasy feeling about a couple of cars that followed him as soon as he pulled away. He was, after all, no stranger to brushes with Tempe police over his continually staging these picnics for homeless people at Tempe parks, usually Papago or Mouer park, without a special-use permit.
He applied for one but was denied, largely because he did not comply with the city’s request to stop holding picnics for 60 days while his request was considered. He had been cited almost weekly since December. More recently, Tempe police began charging him with criminal trespass at the parks, a Class 3 misdemeanor.
Those were piling up, too, and Davis, 24, has been banished from all city parks. The red and blue flashers came on from the unmarked car following him. The officer called Davis by name, asking him to step out, and then arrested and handcuffed him.
The seven-month game of chicken had escalated to a new level. Tempe comes down hard Davis was taken to Tempe jail and booked. He spent the night.
Saturday morning, he was placed in chains around his ankles, waist and wrists, and taken before a Tempe Municipal Court judge. The prosecutor asked for $1,000 bail, calling Davis “a public nuisance.” After reading the probable-cause statement, the judge released Davis without bail with the provision he not set foot in a park.
Davis and his attorney, Russell Facente, granted interviews Monday to the Tempe Tribune. The city would not make anyone available for comment, but provided a short statement about the events. On Wednesday, July 31, a fundraiser and strategy meeting, attended by about 30 people for Davis’ legal defense, was held at the home of Lauren Kuby, a former Tempe vice mayor, who the night before won the Democratic primary election for Arizona Senate in Legislative District 8.
By Thursday, the city changed course and offered a lengthy new statement, plus copies of Municipal Court’s denial of motions to dismiss Davis’ special-use permit violations, as well as several low-resolution photos of syringes, purportedly left behind in the parks after Davis’ outreaches. Both sides are stubbornly digging in their heels, creating public black eyes that get bigger by the week over their inability to work together for the greater good of a vulnerable population that especially suffers in the summer heat. AZ Hugs is certified as an Arizona Qualified Charitable Organization, eligible for tax credits that allow Arizona taxpayers to claim a dollar-for-dollar tax credit on state income tax returns.
But it can’t do it without a permit in Tempe. Davis is not the quintessential criminal who would justify plainclothes officers devoting time and resources to cross city lines to pick him up on a Class 3 misdemeanor. More hardened criminals are on the streets of Tempe and the city could have mailed him a summons to appear in court on the trespassing charges, Facente said.
“They actually turned the screws on Austin,” Facente said. “I’m still trying to figure out if they had a warrant or what their deal was.” The latest trespassing charge, which caused TPD to roll to Scottsdale, was on July 24.
According to Facente, the police report said that Davis was outside the gate to the park. “But that was still considered part of the park property, and so they still considered him trespassing, and so they arrested him,” Facente said. “That’s the level of scrutiny that the city is using.
“It’s not like he flagrantly went into the park, like the rules don't apply to him. He was outside the park, at the gate to the park. I’m trying to pull a site survey as to where the park boundary is.
Normally, one would think that the gate that keeps people in or out is the boundary.” Davis has a pretrial conference on the latest trespassing charge Aug. 14 – as well as three other trespassing charges, on July 6, 7 and 23, and a Dec.
3 citation for running a picnic for the homeless without a permit, according to Municipal Court online records. Aug. 14 is going to be a busy day for Davis and Facente.
Earlier, at 8:30 a.m., Davis has a pretrial conference on permit citations from Jan.
24; Feb. 4, 11 and 18; March 8, May 1 and 26; and June 2, according to court online records. Four other citations were dismissed.
AZ Hugs founder Austin Davis met with supporters July 31 during a fundraiser and planning session at LD8 Senate candidate Lauren Kuby’s home. What’s the real issue? Tempe says the permits and mandatory insurance coverage are for the public’s safety. “The city of Tempe is upholding the law and protecting the health and public safety of the community,” the city said in its July 27 statement.
“Neighbors have frequently complained about Davis' events, including concerns about drug use and trashing of the parks.” On Aug. 1, while still not making anyone available because Davis’ fate in is the legal system, the city’s second statement said: “The City of Tempe doesn’t want anyone to be without a roof over their head, to miss a meal, or to find themselves struggling with addiction or mental health issues while unsheltered.
That concern has motivated the current Council and City leaders to make helping the homeless a top priority. “Homelessness was the top concern for Tempe residents last year, according to our 2023 Community Survey. In response, last year the City spent $72 million serving the homeless and expanding affordable housing.
You can find substantial information on our efforts to help our unsheltered community at tempe.gov/EndingHomelessness . “Homelessness is a complex issue.
Balancing the needs of neighborhoods, the unsheltered and local businesses is challenging. We continue to improve our programs and services for the benefit of everyone.” The statement went on to say the city and Davis have had several meetings over the past three years on how to best work together, adding that Tempe has “regional outreach collaborative with more than a dozen providers serving Tempe to bring services to unsheltered residents.
” Tempe said alternatives were offered to Davis, such as bringing his group to a Tempe shelter to assist or helping other nonprofits. “Every week, our Park Rangers and Park Maintenance teams find syringes – sometimes partially full of drugs – on park grounds along with tin foil coated in fentanyl residue, which could easily be picked up by children or pets,” the city said. “We’ve had Narcan rescues in city parks, and our team members find people passed out in need of medical assistance.
There is hazardous waste, partially eaten food, used clothing, and trash strewn about the parks. When you don’t have any parameters to have safe and structured events, such as what our Special Event Permit process provides, these can be the unfortunate consequences.” None has been traced directly to Davis’ picnics.
He says AZ Hugs stays after and cleans up. Davis’ supporters believe the push to do something about Davis Is not coming from the Police Department but from City Hall. “This was incredibly intentional, the date and timing, because it was right before I was about to lead an outreach for the homeless,” Davis said of his arrest.
“It was really frustrating because I had someone who was going to be meeting me at the park to get into detox Friday night, and he showed up and I wasn't there. “And we also had a family, a mom with two kids, who earlier in the day had told me she didn't have a place to go that night. So I said, ‘OK, meet me (at the park) and let's try to raise donations to get you in a hotel for tonight.
“And, because this all happened and there was no way to communicate with anyone, I believe they slept outside Friday night, which just hurts me to my soul. Our only opposition is the mayor, city manager, City Council and friends of the mayor.” Davis said that the picnics will go on even though he can’t physically be present, thanks to volunteers.
“So many Tempe neighbors have reached out, saying, ‘Hey, I can drop water off at this time,’ or, ‘I get off work at this time and I'm near this park,’” he said. “We literally have a schedule people, for the most part people I've never met, who are wanting to help. “I'm kind of excited to see that expand because that's the whole point: Get as many people Involved as possible, and create this culture of care in the city that we all love.
” Who’s going to blink first? Davis’ supporters are livid as they plot their response to his arrest. They are considering actions to heighten public awareness. “Much taxpayer dollars are being wasted on policing the poor and fulfilling money-driven gentrification of Tempe, and it's just really sad,” Davis said.
“This place is wonderful. I love Tempe. This could be a really beautiful place for everyone.
” Not everyone is in Davis’ corner. One longtime north Tempe resident and community activist, wrote on Facebook that Davis has continually broken the law and expects nothing to happen to him. “He has been warned numerous times that what he was doing was against the law,” he wrote.
“He refuses to work with the City in any capacity. “Well, Austin Davis you don’t own the parks they are owned and operated by the City of Tempe. That means you as well as all citizens must obey the laws that they put in place whether you like them or not.
You had been warned over and over but continued to break the law. So, we are all supposed to feel sorry for Austin now. “Let me be clear about feeding in the Parks, this is not helping any of these service-resisted individuals, you only enable these individuals to stay on the streets.
. . .
The parks in our community have been destroyed by these feedings, and we as citizens cannot use these parks. “Then they come into our neighborhood and bring the criminal element. How many people think it’s OK to have 75 plus of these individuals come by your home every day plus do drugs on your sidewalks, go through the alleyways making a mess doing drugs, stealing whatever they can?” Kuby points out that Mouer Park is not close to neighborhoods, nor is it heavily used – a perfect spot for Davis’ picnics for homeless people.
“The evidence doesn’t hold up that if you feed homelessness, it increases their wish to be homeless,” Kuby said. “Austin is a moral person driven by a sense that there needs to be a more human touch. “It’s become a showdown.
It’s sad. Is the best use of resources sending an unmarked car to Scottsdale? We should be finding ways to collaborate. “Austin just wants to help.
Homelessness is so complex, and regional in scope. Faith-based and human-services groups should get together and work together, but I know some churches are afraid of the city coming down on them.” Davis shed light on why meetings with the city on potential collaboration went sideways.
“Our goals did not align,” he said. “There were fundamental things that we would not budge on. No, it is not OK, to mass-gentrify the city really quickly and kind of ask us to look the other way while you hurt our most vulnerable neighbors.
“That is not OK, and that was the breaking point of where we our goals separated. “Let me tell you, when I was in jail almost everyone in there was homeless. The city is making it illegal to exist outside without having somewhere else to go.
That's a really scary thing. “People are incredibly spread out throughout the city, hiding, just simply trying to find shade until night where they feel a little safer to try to figure out how to get food. We're in the most dangerous time of the year and people are on the streets having to battle not only the heat but dehydration along with illness, addiction, food insecurity, all that, and then they're expected to be able to solve their complicated issues on top of that.
” So the divide over how to best feed and care for homeless people wears on. It was suggested at Kuby’s house that Tempe ought to solve the problem by making Davis part of its team. “Tell me how cool that would be,” Davis said.
“But they’re kind of mad at me right now.”.
