PHOENIX, Ariz. (WordNews.org) Oct. 13, 2012 — Phoenix City Council members struck down an ordinance that prohibited people from handing out free drinking water in public, which was viewed by some as a direct attack on a Christian who was handing out bottle water and sharing her faith.

Dana Crow-Smith, a Christian, was assembled with other Christians at a Phoenix “First Friday” festival in July to publicly express her Christian faith and engage willing passersby in conversations about their religious beliefs, The Rutherford Institute said. The institute defended Crow-Smith.

Crow-Smith had read a Bible passage referencing the importance of small acts of kindness such as offering water to the thirsty (Matthew 10:42), She was moved to offer cold bottles of water to people at the festival who were braving the desert’s scorching 112-degree heat.

During the festival, Crow-Smith was approached by a Neighborhood Preservation Inspector who informed the group that they were violating the Phoenix City Code by giving away water without a vendor’s permit.

Although Crow-Smith protested that a vendor’s permit should not be required of citizens who merely sought to offer water as a free gift, the inspector insisted that the City Code prohibits “sidewalk vending” without a license agreement.

The city council’s decision followed a public backlash against the policy

Rutherford Institute attorneys deemed the city’s actions to be problematic on numerous fronts, pointing out that not only was the ban on passing out free water completely unjustified under the City Code, but it also constituted a violation of Crow-Smith’s First Amendment right to freely exercise her religion, her Fourteenth Amendment due process rights, as well as Arizona’s Free Exercise of Religion Act.

After a public backlash, the City Council voted unanimously to create an exception to the city’s policy of requiring a Mobile Vendor Permit for persons selling or handing out goods on public streets.

“This victory in Phoenix shows that one person can stand up and change government for the better,” said John W. Whitehead, president of The Rutherford Institute. “This is proof that the democratic process not only can work but is working, provided that Americans care enough to take a stand and make their discontent heard. The best way to ensure that your government officials hear you is by never giving up, never backing down, and never remaining silent.”