Arizona Evangelist Sues Tucson Over Holiday Festival Speech Restrictions

An Arizona street evangelist has filed a federal lawsuit against the city of Tucson, challenging an event policy that he claims prohibits religious speech. David Hoffman alleges that police officers threatened him with arrest for discussing his Christian faith at the city's annual Winterhaven Festival of Lights.

Hoffman, who has been evangelizing at public events for over a decade, stated that he views large public gatherings as crucial for his ministry, allowing him to reach individuals who may not typically attend church. For nearly ten years, he participated in the Winterhaven Festival of Lights, a free holiday event drawing thousands to a residential neighborhood to view light displays.

During the December 2025 festival, however, Hoffman reported that city police officers prevented him from sharing his faith, citing new event rules. According to a lawsuit filed by First Liberty Institute on Hoffman's behalf, the city of Tucson implemented a policy prohibiting "religious, political, or issue-based leafleting." Signs at the entrances warned that violators could face removal and trespassing charges.

Hoffman recounted that upon entering the event, he was informed that "any kind of religious expression" was not permitted. He was told he could attend to view the lights, but any attempt to discuss faith or distribute religious materials would violate the enforced rules.

According to the federal complaint, officers approached Hoffman, stating he could not be inside "doing the preaching." When Hoffman inquired if his volume was the issue, an officer explained it was "the sending of your message, which is one of the prohibited rules." The officer further stated that asking someone about salvation constituted "sermonizing," which was problematic.

At one point, Hoffman asked officers if he could respond if someone approached him asking how to be saved. The officers reportedly told him he would have to step outside the event's perimeter to have such conversations. After repeated warnings, four uniformed Tucson police officers escorted Hoffman from the festival under threat of arrest.

Officers directed Hoffman to a designated "free expression zone" outside the festival perimeter. Hoffman described this area, which was set up with barricades, as resembling a "cage" and felt it was intended to isolate religious expression. First Liberty Institute alleges that this zone was situated alongside a busy street, making meaningful conversations impractical.

The lawsuit notes that commercial food vendors, performers, and party bikes with amplified music were permitted to operate throughout the festival area, while religious speech was restricted.

In December 2025, First Liberty sent a demand letter to Tucson regarding the policy, asserting it was unconstitutional. Receiving no response, the group filed the complaint this week. The lawsuit alleges the policy violates 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 complaint seeks preliminary and permanent injunctive relief to allow Hoffman to share his message at this year's event and a declaratory judgment that the policy is unconstitutional. Attorneys for Hoffman argue that public streets and sidewalks, like public parks, offer the highest level of constitutional protection. They contend the city's policy unfairly targets religious viewpoints, allowing discussions about sports or weather while prohibiting religious dialogue.

"Censoring a Christian message during a public Christmas event is malicious, unconstitutional, and absurd," Nate Kellum, senior counsel at First Liberty, stated. "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 lawsuit names the city of Tucson and Tucson PD officers Matt Alexander and William Leonard, in their individual capacities, as defendants. The city of Tucson stated it does not comment on pending litigation, and the Tucson PD did not immediately return a request for comment.