# Arizona Street Preacher Sues Tucson After Police Threatened Arrest for Talking About Jesus at a Public Christmas Festival

David Hoffman, represented by First Liberty Institute, says a city policy barring 'religious, political, or issue-based leafleting' violates his First Amendment rights.

- Section: [Culture](https://rightnewsrightnow.com/culture/)
- Published: 2026-10-18
- By: RightNewsRightNow Staff
- Canonical page: https://rightnewsrightnow.com/articles/tucson-street-preacher-sues-christmas-festival-ban/

A street evangelist in Arizona has gone to federal court over a rule that kept him from talking about his faith at a public holiday event.

David Hoffman has shared the gospel at public gatherings for more than a decade. For nearly ten years he went to Tucson's Winterhaven Festival of Lights, a free event where thousands of visitors walk a residential neighborhood to see light displays. At the December 2025 festival, he says, police told him he could not.

According to the lawsuit, filed this week by First Liberty Institute, the city adopted an event policy last year banning "religious, political, or issue-based leafleting." Signs at the entrances warned violators could be removed and charged with trespassing. The complaint says officers told Hoffman that asking someone whether they wanted to talk about Jesus was "sermonizing," and that "once you start sermonizing, that becomes a problem." When he asked what to do if a visitor asked how to be saved, the complaint says an officer told him he would have to step outside the festival perimeter. After repeated warnings, four uniformed officers escorted him out, under threat of arrest.

He was pointed to a "free expression" zone outside the event. Hoffman said it "kind of looked like a cage" because of the barricades, and First Liberty says it sat beside a busy street, making conversation impractical. The group also says food vendors, live performers and amplified "pedal pub" party bikes were allowed inside.

First Liberty says it sent a demand letter in December 2025 and got no response. The suit names the city and two officers, Matt Alexander and William Leonard, in their individual capacities. It cites the First Amendment's speech and free exercise protections, the Fourteenth Amendment's due process clause and the Arizona Constitution, and asks for an injunction so Hoffman can share his faith at this year's festival, plus a ruling that the policy is unconstitutional.

First Liberty counsel Garrett Bell said city streets and sidewalks carry the most constitutional protection of any location, and that the policy singles out religion: "You can talk about the weather. You can talk about the Arizona Cardinals or the U of A Wildcats, but you can't talk about religion." Senior counsel Nate Kellum called censoring a Christian message at a public Christmas event "malicious, unconstitutional, and absurd."

The city of Tucson told Fox it does not comment on pending litigation, and the police department had not responded. These are allegations in a complaint, and the city has not yet given its side.

## Source

Original reporting: [Fox News](https://www.foxnews.com/media/arizona-man-threatened-arrest-preaching-holiday-festival-files-lawsuit)