In a marathon session that lasted more than seven hours, the Phoenix City Council voted 6-3 in favor of an ordinance that would criminalize unauthorized food distribution and medical care in the nation’s fifth largest city.  

The vote comes after a months-long battle that drew dozens of public comments and warnings from health advocates who said unambiguously that the ordinance would let people go hungry, suffer, and die.

At the city council meeting, more than five dozen speakers weighed in on the ordinance in a discussion that stretched late into the night. One speaker with the Cactus Youth Baseball League was for the ordinance: “This is not about excluding anyone, but about making sure spaces designed for children are protected.”

Others showed up explaining how they were worried about their kids not being able to play in the parks, about food waste, and fear of discarded needles.

But opponents to the ordinance — including medical workers and public health experts — were the overwhelming majority of those who showed up to speak, including the President and CEO of Valle del Sol and a community organizer with ACLU Arizona.  

Councilwoman Anna Hernandez asked frequent and probing questions to city officials and members of the public, making clear she was against the ordinance. 

Hernandez told LOOKOUT during a short recess from the meeting that there is a “lack of evidence” behind the ordinance. The other council members, including the mayor, were either for the ordinance or were silent during the debates. 

Councilmember Betty Guardado, while acknowledging the ordinance is not perfect, said her intent was in “Taking control of a situation that without structure creates even greater risks.” She frequently cited needles in parks, and said she’s heard “so many concerns from so many residents.”

One youth, speaking with his mother, told a story of being accidentally stuck by a needle in the park. “It was a nightmare,” his mother said afterwards. 

But a clear majority of speakers called on council to vote against the ordinance and also repeal it entirely in favor of a community-led process that addressed homelessness and care in parks. 

The vote 

The vote is the latest chapter in a months-long dispute that began when LOOKOUT first reported on a draft ordinance in November 2025 that would have banned all medical care in city parks. That initial proposal drew swift backlash from harm reduction workers, HIV prevention advocates, and public health experts.

“I will not support a policy that the predictable outcome will be that people suffer and die.”
— Councilwoman Anna Hernandez

In December 2025, the Phoenix City Council voted overwhelmingly to pass a narrowed version of the proposal — the Safe Medical Treatment in Parks Ordinance — over nearly six hours of public comment and a lone dissenting vote from Councilwoman Anna Hernandez of District 7. That version of the ordinance restricted medical care in parks and increased penalties to Class 1 misdemeanor charges, but its effective date was delayed to allow for stakeholder outreach.

In March 2026, the city delayed the effective date again — to June 1, 2026 — and published a revised, expanded draft. The new proposal added food distribution to the list of restricted activities and defined medical treatment as any act involving needles, syringes, medical sharps, or that produces medical waste. It capped permits at two per park per calendar month and required that medical treatment occur only in parking lots or hardscape areas, inside enclosed structures with a tarp or impermeable floor – restrictions advocates say are debilitating impediments.

The ordinance also prohibits the possession of a needle or syringe in a park without proof of a valid prescription, and bans the sale, distribution, or exchange of syringes or needles — effectively outlawing needle exchange programs. Studies show that needle exchange programs radically reduce infection rates of HIV and Hepatitis C without increasing overall drug use.

At one point during the vote, Councilwoman Laura Pastor asked other councilmembers if they would entertain separating out food and medical service requirements. When no other council members responded, she cowed back: “I guess not.” 

Against the ordinance

Health workers and harm reduction organizations have argued consistently that the ordinance will cause preventable deaths. At an April 1 meeting of the Fast-Track Cities Committee — a global network of more than 600 cities working to reduce HIV and STI transmission — participants described the measure in stark terms.

Will Knight, Decriminalization Director of the National Homelessness Law Center, brought up another concern during the call to the public. Knight said the ordinance violates freedom of expression and freedom of religion. He said that Donald Trump’s own agency, Substance Abuse and Mental Health Services Administration, or SAMHSA, “is not as bad on street medicine right now as the City of Phoenix.” Knight added that the ordinance “shocks the conscience.”

For the ordinance

Councilmember Ann O'Brien has been among the ordinance's most vocal defenders. "Residents deserve to feel confident that when they go to a city park it will be safe and clean," she has said. "Parks exist for families, children and residents to enjoy. Parks are not the proper location for needle exchanges or treating open wounds."

The city maintains the ordinance is not a ban but a permitting framework. A city spokesperson previously told LOOKOUT: "The City of Phoenix is committed to providing safe, clean, and welcoming community spaces for all residents. The proposed Medical Treatment and Food Distribution in Parks Ordinance is intended to establish a framework to ensure these services are provided in a safe and organized manner."

Councilmember Guardado emphasized that the ordinance still allows services through the permit system. "We're not saying don't ask for a permit. We're not saying that you're banned from our parks," she has said.

The ordinance takes effect on June 5, 2026 effective date.