HOUSTON – A federal judge issued a temporary injunction to the City of Houston ordering “its officers, employees, and agents” from enforcing a 2012 charitable feeding ordinance.
“I felt relieved, a moment of relief,” said John Locke, a volunteer with ‘Food not Bombs.’ [It was] a moment to exhale but I know that this is a small battle in a longer war.”
‘Food not Bombs’ is a local non-profit with chapters nationwide. For over nine months, the City of Houston has written citations against volunteers.
The group has received 96 citations, possibly totaling more than $192,000 in fines.
It’s not clear if any of the volunteers have paid a fine.
U.S. District Judge Andrew S. Hanen contends the city’s ordinance might violate volunteers’ First Amendment.
“While the city’s efforts to unify and streamline an efficient end to homelessness and feed the hungry may make good policy sense, being sensible does not always equate to being constitutional, especially when the consequence of that policy is restricting the expressive conduct of those that are protesting government policy,” Judge Hanen wrote in the 15-page court filing.
“The First Amendment has always protect more than just the spoken word and so what we have presented evidence on here is that ‘Food not Bombs’ members are sharing food not just because they care about the hungry but also to share a broader message about what a community based on mutual aid could look like,” said Travis Fife, a staff attorney with the Texas Civil Rights Project who filed the lawsuit against the city. “It’s no different than if people stood in front of city hall with signs protesting Mayor Whitmire’s policies. What they’re doing out here is a form of expression that the first amendment protects.”
The city attorney said Mayor John Whitmire is willing to meet the group and figure out the best next steps.
“Mayor Whitmire is committed to working together to resolve differences and agree upon an ordinance that allows expression and provides a safe and healthy environment at the central library and elsewhere for the homeless and their neighbors,” Arturo Michel said in a statement to KPRC 2.
Fife said the original lawsuit filed against the city is moving forward. The temporary injunction is in place until the suit concludes.
“The city can stop wasting resources defending this lawsuit both in federal court as well as the 90-something prosecutions in municipal court that are taking a huge, huge investment of resources from the city and just repeal the ordinance in itself,” Fife said. “We’re going to go into discovery and we’re going to do whatever it takes to make sure there’s not another citation issued under this ordinance.”
Locke said regardless of any outcome he and other volunteers will be back four times a week at the corner of Smith and McKinney in downtown Houston sharing food.
“This is public property. It’s for the public,” said Locke “We don’t pick and choose who in the public can use it.”
Full statement from the Houston City Attorney:
“The Judge’s order recognized that there were competing interests. Food Not Bombs has a First Amendment right to express its views. The City has an equally important right to ensure public safety and safeguard public health. Mayor Whitmire is committed to working together to resolve differences and agree upon an ordinance that allows expression and provides a safe and healthy environment at the central library and elsewhere for the homeless and their neighbors.” -- Arturo Michel, Houston City Attorney