TRI In The News
Phoenix Council Ends Rule Barring Handouts of Water
From AZCentral.com
Original article available here
Phoenix city leaders have struck down a rule that barred a proselytizing woman from passing out free bottled water during a downtown art walk.
On Wednesday, City Council members voted unanimously to amend an ordinance that officials said prohibited Dana Crow-Smith from giving away water on private property without a permit. They created an exemption for vendors providing drinking water.
Crow-Smith said she was expressing her Christian faith and handing out water to passers-by at the First Fridays art walk in July when a city inspector stopped her. The inspector told her she needed a $350 mobile-vendor permit.
Word of Crow-Smith's dispute went viral in August, and a Christian civil-rights group threatened to sue the city on her behalf. Bloggers and religious groups accused the city of overreaching.
Council members on Wednesday seemed to agree that Phoenix had gone too far. They said that although the city aimed at making good public policy, it made a clear mistake in this case.
"We live in a desert, and it's the right thing to do," Councilman Bill Gates said. "Sometimes, things happen where we have unintended consequences, and I think this is a perfect example of it."
In early September, Mayor Greg Stanton asked city staff to review the ordinance in light of the dustup. He said officials should use "common sense" in enforcing the mobile-vendor ordinance.
The Rutherford Institute, a Virginia-based Christian-rights group representing Crow-Smith, had said that the city's enforcement infringed on her rights of free speech and religious freedom. It demanded the city apologize for its treatment of Crow-Smith.
John Whitehead, president of the Rutherford Institute, said Wednesday's outcome shows that one citizen can stand up and change government for the better.
He said the group won't pursue a lawsuit against the city.
"That's the victory that we were looking for," Whitehead said. "What's happened here is the democratic process is working."
Early on, the city defended its inspector for issuing a warning to Crow-Smith and praised the inspector for not giving her a citation. City Manager David Cavazos initially said it was a "fairness" issue for vendors at First Fridays who had a permit.
After Stanton and others raised concerns, Cavazos agreed the city needs to "ensure that our ordinances and enforcement practices are reasonable and fair." He asked city staff to review the issue and recommended the change for council approval.
Councilman Sal DiCiccio was especially critical of the city's initial response, writing on Facebook that if the city was going to take a hard and fast approach to enforcement, it could crack down on "lemonade stands or even handing out free candy from your front door."
For her part, Crow-Smith said she is delighted Phoenix is taking a stand that supports generosity.
She plans to continue passing out hundreds of bottles of water at First Fridays during the scorching summer months. "Our whole idea is just to glorify God, and do it with an act of kindness because it's so hot," Crow-Smith said. "I had no idea it would turn into such a big deal."
