BULLHEAD CITY, AZ., September 24, 2023—In a significant Monday ruling, the United States District Court of Arizona upheld Bullhead City’s Food Sharing Ordinance, dismissing a lawsuit filed by Norma Thornton in October 2022, which alleged violations of the 14th Amendment and substantive due process. The court’s decision reaffirms the legality of the ordinance, which regulates the distribution of prepared meals in public parks and ensures public health and safety.
“The City of Bullhead City has won its legal battle allowing the regulation of food sharing in city parks, said Bullhead City Manager Toby Cotter. “The court’s ruling shows that cities can have common sense laws and still help those in need.”
The Arizona District Judge overseeing the case, Honorable Susan M. Brnovich, ruled in favor of the City, declaring, “Plaintiff claims the food sharing ordinance criminalizes giving charity. But, in actuality, the food sharing ordinance regulates how charity may be given in public parks.”
“This is a topic of conversation for every city,” said Cotter. “Regulations made by locally elected officials are the best way to deal with problems in each community. This case was never about Norma Thornton. It was about the City Council making rules to best govern local parks.”
The court found Thornton’s allegations to be without legal support, stating, “There can be no doubt that Plaintiff has the best of intentions and motivations, but Plaintiff has simply not shown that she is being denied equal protection based upon the City’s food sharing ordinance.” The ruling continued, “Accordingly, summary judgment will be granted in favor of Defendant as to the Equal Protection claim.”
The court further affirmed the reasonableness of the City’s ordinance, stating, “The Government has shown that the food sharing ordinance is reasonably related to a legitimate state objective: namely, the ordinance was put into effect to reduce food sharing events in the park that had become an area of community concern for various reasons, including protecting the public from sickness due to unregulated food service;…” Judge Brnovich continued, “For all the foregoing reasons, summary judgment will be granted in favor of the Defendant as to Plaintiff’s substantive due process claim.”
The court dismissed the case with prejudice, which means the case cannot be retried.
“We’re relieved to put this matter behind us,” said Cotter. “We’re thankful to the court for upholding the City’s right to regulate food safety in our parks, and we look forward to keeping Bullhead City a welcoming and prosperous environment for everyone.”
City officials urge those wishing to contribute to the community to continue their charitable efforts and to consider working with the local homeless shelter and private organizations. As Bullhead City continues to navigate the complexities of homelessness and public service, the City remains open to collaboration with community members to foster an inclusive and safe environment for all residents.
For more information about the City and its initiatives, please contact Mackenzie Covert, Bullhead City Public Information Officer at 928-763-0182.
Mackenzie Covert
Public Information Officer
City of Bullhead City
2355 Trane Road
Bullhead City, AZ
86442
Phone: (928) 763-0182
Email: mcovert@bullheadcityaz.gov
