Arizona Evangelist Sues Tucson Over Holiday Festival Speech Ban

An Arizona street evangelist has filed a federal lawsuit against the city of Tucson, alleging that a new event policy prohibiting religious speech led to police threatening him with arrest at the annual Winterhaven Festival of Lights. David Hoffman, who has been evangelizing at public events for over a decade, argues the policy violates his First Amendment rights.

Hoffman stated that for nearly ten years, he regularly attended the festival, a free holiday event where attendees walk through a residential neighborhood to view light displays. However, during the December 2025 festival, he claims city police officers prevented him from sharing his faith and warned him of trespassing charges under a recently implemented policy.

According to a lawsuit filed by the First Liberty Institute on Hoffman's behalf, the city of Tucson adopted an event solicitation policy that prohibits "religious, political, or issue-based leafleting." Signs at the festival entrances reportedly warned that violators could face removal and trespassing charges.

Hoffman told Fox News Digital that upon entering the event, he was informed he could not engage in religious expression. "They said that you can be there to participate in looking at the lights. But the moment, you know, we tried to talk to somebody or give out a gospel tract, that would lead to a violation of what they were enforcing," he said.

The lawsuit details an interaction where officers approached Hoffman and stated he could not be inside "doing the preaching." When Hoffman inquired if his volume was an issue, an officer reportedly explained, "it's the sending of your message, which is one of the prohibited rules." According to the complaint, an officer also told Hoffman that asking someone if they would like to discuss Jesus amounted to "sermonizing," which was a problem.

Hoffman was eventually escorted out of the festival by four police officers under threat of arrest. He was directed to a designated "free expression zone" outside the festival perimeter. Hoffman described the area as appearing like a "cage" with barricades, which he felt was intended to segregate religious speakers.

First Liberty alleges that this designated zone was situated near a busy street, making conversations with attendees impractical. The legal group also noted that commercial vendors, performers, and amplified music from party bikes were permitted throughout the festival area.

In December 2025, First Liberty sent a demand letter to Tucson, asserting the policy was unconstitutional, but received no response. The lawsuit, filed this week, alleges violations of Hoffman's First Amendment rights to free speech and the free exercise of religion, as well as the Fourteenth Amendment's Due Process Clause and the Arizona Constitution. The plaintiffs are seeking injunctive relief to allow Hoffman to share his message at this year's event and a declaration that the policy is unconstitutional.

"Censoring a Christian message during a public Christmas event is malicious, unconstitutional, and absurd," Nate Kellum, senior counsel at First Liberty, said in a statement. "A public street festival is just that – a public space where citizens can visit, walk around, and converse with each other about different ideas. The government cannot ban only religious messages."

The city of Tucson stated it does not comment on pending litigation. The Tucson Police Department did not immediately respond to a request for comment.