Volunteers cited for feeding homeless, federal lawsuit filed against City of Houston

HOUSTON - Twice in less than a week, volunteers with the organization ‘Food Not Bombs’ have been ticketed in downtown Houston for feeding the hungry outside the Houston Public Library.

Now, a federal lawsuit has been filed against the city ordinance they’re enforcing.

For years, the group says they've been using the corner of McKinney and Smith to hand out food, four days a week. However, on March 1, Benjamin Craft-Rendon became the first volunteer to be handed a citation by Houston Police.

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"This is an actual arrestable offense. So not only could he lose his money, he could also lose his liberty," said his attorney, civil rights lawyer Randall Kallinen.

According to the lawsuit, Craft-Rendon has been volunteering with Food Not Bombs since 2012.

"Although I’m a lawyer, and this is a technical thing, it is personal because, at its simplest, they’re outlawing feeding people," said Kallinen. "Do you have to say more? You don’t need an explanation. They’re outlawing feeding people who are hungry and would like something to eat." 

So not only are they fighting the ticket, they're now challenging the constitutionality of the city's ordinance. The "Anti-Food Sharing Law" requires organizations to get permission before feeding groups of five or more people.

Kallinen believes that's an infringement on the freedom of speech and freedom of religion, explaining, "Everyone knows that in the Christian religion, if you read the Bible, it says that repetitively feed the poor. I think I found 50 references to feeding the poor and hungry in the Bible."

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Based on past cases in other states, Kallinen is hopeful they can get this city ordinance deemed unconstitutional.

As a response to the citations, Houston Mayor Sylvester Turner released a statement claiming there has been an increase in the number of threats and violent incidents directed toward guests and employees of the library. He adds, "Parents and families have expressed no longer feeling comfortable visiting the library or holding special events. We want the library to serve as a safe, inclusive place for all to come and visit."

Alternatively, Mayor Turner says they are now providing a designated spot for charitable feeding at the Houston Police Central division at 61 Riesner Street.