PHOENIX—On Monday, the United States District Court for the District of Arizona ruled that Bullhead City, Arizona’s, law criminalizing sharing food in public parks for “charitable purposes” is not unconstitutional. Grandmother Norma Thornton—who was arrested in March 2022 for feeding people in Community Park—and her attorneys from the Institute for Justice (IJ), will appeal the decision.
“Americans have a constitutional right to engage in charitable activities and cities can’t pass laws that outlaw doing so,” said IJ Senior Attorney Paul Avelar. “The district court failed to grapple with the fact that charity is deeply rooted in American history, and we look forward to proving to the appeals court that Bullhead City’s actions criminalizing charity violate Norma’s right to help others.”
In Monday’s decision, the district court ruled that, “the right to serve one’s community, while important, is not a fundamental right.”
For decades, Norma has helped the less fortunate in various cities. That continued when she retired and moved to Bullhead City. But in March 2022—while serving food at the same location she always had in Community Park—she was arrested, put in the back of a police car, and brought to the police station, where she was issued a citation.
“Being told that I cannot feed the hungry is absolutely heartbreaking to me, which is why I will continue fighting against this unjust law,” said Norma. “All I want to do is help people in my community, so they can survive and get back on their feet. It makes no sense for the city to prevent me from doing so.”
Bullhead City’s law was passed in 2021 and requires a permit for the sharing of prepared food in public parks as part of a “non-social gathering” motivated by “charitable purposes.” This is not really a “permit” requirement, however, but a ban: Obtaining a permit is expensive and, even with a permit, the city allows people to share food only once per month. Meanwhile, because the law applies only to sharing food for a “charitable purpose,” Norma is allowed to throw a pizza party in Community Park for 50 of her friends without limitation. But once she offers food for charity, she runs afoul of the ordinance. Each violation of the law is punishable with a fine of up to $1,431, 120 days in jail and 24 months of probation.
“Homelessness is a multifaceted issue, but criminalizing efforts to help is absolutely the wrong solution,” said IJ Attorney Suranjan Sen. “Government should be encouraging and facilitating Norma’s efforts, not threatening her with jailtime.”
Norma and IJ filed the federal lawsuit against Bullhead City in October 2022. Since that time, Norma has been prevented from serving food in any public place. While the suit is pending, she has been serving in a private alley behind a jet ski rental business, which does not provide the shade, seating, bathrooms, and visibility that the park provided for those Norma feeds.