PHOENIX – Phoenix City Council passed Ordinance G-7467 yesterday. The ordinance criminalizes people who provide aid to those in need, violates the constitutional rights of medical providers and aid workers, and will adversely impact public health and safety. Leading up to the vote, the ACLU of Arizona sent a letter to Phoenix City Council and testified at the December 17 city council meeting, and more than 250 of the organization’s Phoenix-based supporters sent messages to council members citing First Amendment and public health concerns.
Despite overwhelming public opposition, 8 of 9 city council members, including Mayor Gallego, voted to approve the ordinance. The ACLU of Arizona condemns the passage of Ordinance G-7467 and will seek opportunities for engagement with city council members to address extensive concerns.
“Outreach in parks is often people’s first, and only link to detox, treatment, or housing. By targeting healthcare and aid workers trained to meet people where they are, the city is eliminating one of the most effective pathways into recovery,” said Darrell Hill, policy director for the ACLU of Arizona. “Phoenicians deserve policies that save lives and strengthen community safety. Ordinance G-7467 does the opposite – undermining proven strategies, threatening First Amendment rights, and public safety.”
Ordinance G-7467 is overly broad, prohibiting expressive activity and criminalizing people who provide life-saving interventions in Phoenix. Cities with overdose prevention outreach see less syringe litter, fewer emergency calls, and lower infectious disease rates. Decades of data show that criminalization does not reduce drug use or overdose deaths, it perpetuates them.
The City cannot ban expressive activity like an AA meeting, a grief support circle, or a peer counseling group simply because the subject of those conversations relate to health or addiction. A federal court has rejected similar attempts by cities to prohibit expressive health-related activities in parks, holding that content-based bans in traditional public forums are presumptively invalid.
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