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Phoenix delays ban of unauthorized medical care in parks

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The city of Phoenix is delaying its plan to ban unauthorized medical aid in city parks.

The new ordinance, passed in December, had been scheduled to go into effect on March 30, but a council vote last week pushed that date until June 1.

Council passed the ordinance on Dec. 17 in the face of dozens of speakers in opposition, some saying the new ordinance could cost people their lives. Though council passed the ordinance, it directed staff to continue to meet with groups that provide medical care in parks in the interim to see if there were ways to improve the measure before it went into effect.

Councilmember Anna Hernandez, who was the only councilor to vote against the ordinance, criticized it as “doing this process backwards” by voting to approve an ordinance without finalizing its text.

Last week, Hernandez said she was in support of the delay and that it was the least the city could do to make sure they get the ordinance right. She said she has been meeting with city staff and stakeholders about the issue in recent months.

Anna Hernandez
Anna Hernandez

“It has been reaffirmed to me that we do not have this ordinance right, and we have yet to identify and agree on the strategy that will be both effective and not result in criminalization of our residents,” Hernandez said.

City staff has been clear that the ban on medical aid in parks will not apply to first responders such as firefighters or EMS. Other exceptions include rendering aid to anyone experiencing a medical emergency, including providing the overdose-reversing drug naloxone. Anyone providing medical aid to a family member is also exempt.

Phoenix Parks and Recreation Director Cynthia Aguilar said in December the ordinance is aimed at things like syringe and needle exchanges or distribution of harm reduction kits — which provide clean needles and other materials to safely administer illicit drugs — that can leave unsafe materials behind in parks, as well as treatment such as cleaning of open wounds that can leave biosafety hazard concerns on park property.

A vehicle is parked at a Phoenix park for a pop-up medical care event.
A vehicle is parked at a Phoenix park for a pop-up medical care event.
(Courtesy city of Phoenix)

Speaking in opposition in the December meeting, employees and volunteers of organizations who provide medical care to people in city parks, primarily those experiencing homelessness, said the ordinance would harm the health of the most vulnerable in the city, potentially putting lives at risk. Clean needle exchanges have been shown to reduce the transmission of blood-borne pathogens, including HIV and hepatitis B and C, according to information from the CDC.

Under the ordinance, it will still be possible to administer some medical aid in city parks but only after applying for pre-approval from the city. It would also still be allowed to inform people in parks about medical services available and transport them to those services. City officials say they want to ensure aid is distributed in a way that keeps parks safe to everyone.

Brian Thoi, a volunteer with the nonprofit Shot in the Dark that distributes harm reduction kits in parks, said he was grateful for council delaying the ordinance.

Thoi, speaking before council on March 4, referenced when he came before them in December.

“The only ask that I really made to you was to give some time for us to talk about this and for us to have an opportunity to maybe exchange some information and learn a little bit more on both sides about this issue,” Thoi said.

Until the new effective date of June 1, Hernandez asked Aguilar to study what the cost would be in investing into more frequent cleanings of city parks as one option.

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