Arizona city faces backlash for limiting public religious speech at holiday festival
An Arizona man is pushing back after city officials reportedly threatened him with arrest for openly sharing his Christian faith during a public holiday event.
David Hoffman and a group of friends were warned by Tucson police after expressing their beliefs at the Winterhaven Festival of Lights, prompting legal action and a demand for a city response from religious liberty attorneys, as The Christian Post reports.
On December 13, Hoffman attended the event—held on public streets and sidewalks in a historic Tucson neighborhood—intending to share his Christian message peacefully among festival-goers.
Festival Takes Place In Public Spaces
The Winterhaven Festival of Lights is a free, community-wide event that spans nearly two weeks and invites the public to stroll along neighborhood paths decorated with festive displays and lit-up exhibits.
Hoffman and his companions did not sell anything, block foot traffic, or collect money. They simply talked to attendees about their religious beliefs, as many do during Christmas celebrations across the country.
But Tucson police disagreed, citing the city’s solicitation policy, which bans “political, religious, or commercial materials or messaging” within the festival area.
Religious Expression Moved To Speech Zone
According to First Liberty Institute, a national religious freedom legal group, police instructed Hoffman’s group to relocate to a designated area for messaging and literature located outside the main festival area.
This space, labeled as a “Designated Space for Peaceful Messaging and Literature Distribution,” was physically separated from attendees by a barrier—effectively isolating their speech from the rest of the festival.
Police allegedly told Hoffman he could face a trespass charge and arrest if he did not comply, leading him and his group to stop sharing their faith on-site out of fear of legal consequences.
Legal Group Forms Defense Around Free Speech
First Liberty Institute has taken up Hoffman’s case, sending a demand letter to the City of Tucson just days before Christmas calling the city’s actions unconstitutional and a clear infringement on free expression rights.
Nate Kellum, senior counsel at the organization, criticized city officials for what he described as unlawful censorship, stating, “The city isolates religious speech for censorship. It’s unconstitutional.”
The group argues the festival is situated on public property—a quintessential public forum—where free speech protections should remain fully intact regardless of the event’s festivities.
City Asked To Clarify Future Policy
The letter accuses the city of violating both the First Amendment and Arizona’s Religious Freedom Restoration Act, claiming the policy created an undue burden on Hoffman’s ability to engage in religious expression.
“Fearing arrest, Hoffman and his group forsook their speech inside the festival. But they wish to resume sharing their faith for the remainder of this year’s festival, and all future Winterhaven Festivals,” the letter adds.
First Liberty is seeking a written assurance from city officials that individuals like Hoffman will not be punished for speaking publicly about their faith in the future—especially on public sidewalks and streets.
City Remains Silent Amid Controversy
As of this report, both the City of Tucson and its attorney have declined to comment, leaving the legal organization—and concerned residents—waiting for a clear response or policy change.
The silence raises questions about whether the city intends to reevaluate its enforcement approach or double down on a speech zone policy that many consider discriminatory and overly broad.
Regardless of whether the city replies by the requested deadline, First Liberty’s involvement ensures the issue won’t pass quietly like holiday lights flickering out.




