Cited for sharing food with poor, man files suit
Sharing food with six or more homeless individuals outdoors could lead to a $2,000 fine and jail time in Houston, but a federal lawsuit filed by a Harris County man this week looks to change this “cruel law.”
Benjamin Franklin CraftRendon, a member of Houston Food Not Bombs since 2012, was issued a citation Wednesday for violating the city’s anti-food sharing ordinance.
The 44-year-old, who has been sharing food with the homeless for decades, was detained for “several minutes” and given a ticket by a Houston police officer for helping serve food outside in downtown Houston with more than six people, according to the lawsuit.
“We’ve shared food at that very spot and in the (Downtown Houston) library for over two decades,” Rendon said during a news conference in front of the Bob Casey federal courthouse Friday.
“So why now? It’s just a red herring.”
The anti-food sharing ordinance, enacted by the city in July 2012, makes it “unlawful for any organization or individual to sponsor or conduct a food service event on public or private property without the advance written consent of the public or private property owner or other individual with lawful control of the property.”
Rendon filed his lawsuit Thursday, arguing the ordinance is unconstitutional, vague, too broad and violates the First Amendment’s protections for free speech and freedom of assembly.
“Jesus taught his followers to feed the hungry,” civil rights lawyer Randall L. Kallinen said in a news release.
“State and federal law supportsBenjamin’sactivities.Addi
tionally, Food Not Bombs’ food sharing has been determined to be free speech by the very conservative 11th U.S. Circuit Court of Appeals.”
They mayor’s office released a statement Friday saying enforcement of the ordinance is due to the “recent increase in the number of threats and violent incidents” directed toward visitors and employees coming to the Houston Police Library downtown.
“Parents and families have expressed no longer feeling comfortable visiting the library or holding special events,” the statement reads. “We want the library to serve as a safe, inclusive place for all to come and visit.”
The city will be providing a “dedicated and alternative charitable food service” at 61 Riesner.
“This location has the infrastructure and amenities needed to provide services and food to Houstonians in need. By shifting food services to an alternative location, we can maintain the integrity and historic nature of Houston’s Public Library while serving all Houstonians with the dignity they deserve,” the statement said.
Unclear, ‘confusing’ law
The lawsuit argues the law does not clearly define “those in need” and “charitable food services.”
“Charitable food services means providing food without charge, payment or other compensation to benefit those in need at an outdoor location not owned, leased or controlled by the individual or organization providing food,” the law states.
The term “charitable food services” is referenced again when describing a “food service event”
“Food service event means each instance in which charitable food services are provided to more than five individuals,” according to the law.
During the news conference, Kallinen said he was confused about who the person “in need” is supposed to be.
“Is everybody a person in need who comes by and gets something to eat?” he said. “That’s not a legal term, so that’s rather confusing.”
Contesting the citation
Houston Food Not Bombs, affiliated with the grass-roots international Food Not Bombs, promotes social justice, cultural exchange, horizontal organizing and mutual aid through the sharing of food, dialogue and exchange of information.
“If we were to spend the amount of money we spend on weaponry on feeding the homeless,” the local group’s website states, “we could eliminate the homeless problem the world over.”
Rendon is scheduled to appear in Houston municipal court March 17 to answer for the citation from the city. He said he plans to plead not guilty and contest the charge at trial. “I have no reason to submit to this unconstitutional and cruel law,” he said.
Rendon’s lawsuit, which aims to have the city ordinance declared unconstitutional, also seeks an injunction.
“We think the judge will decide in our favor and we can get rid of this law once and for all,” Kallinen said during the news conference.
Houston Food Not Bombs intends to return to the spot downtown and share food again Friday night, but Rendon will not be present due to his pending legal battle, according to Kallinen.
“That’s such a great loss to not have all of this extra food that can be shared with people not going out to those who need it,” Rendon stated.