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Houston man found 'not guilty' for feeding the homeless
FOX 26 Reporter Natalie Hee has more on the decision.
HOUSTON - A Houston man ticketed for volunteering to help feed the homeless downtown has been declared 'not guilty’ by a jury. Phillip Picone is one of dozens of volunteers with the group ‘Food Not Bombs’, who are now fighting the city of Houston against citations over charitable food-sharing.
Set up at their usual corner of McKinney and Smith Streets downtown outside Houston Public Library, volunteer group Food Not Bombs, served meals to the homeless Sunday night. It's something they've been doing four nights out of the week for the last 20 years.
Last Friday, a jury unanimously handed down a ‘not guilty’ verdict to Phillip Picone for volunteering to help feed the homeless downtown on March 3. Dozens more volunteers have been ticketed since, but Picone's is the first case to go to trial.
Attorney Paul Kubosh represents 37 of those cases.
"What I'm hoping for is vindication. I'm hoping for not guilty. If you're trying to affect the lives of homeless and trying to make their situation better, you don't do that by attacking the Samaritan. This law is not about the homeless. It's about the Samaritan," Kubosh said.
The city initially cited public health and safety concerns as the reason for the crackdown, saying an increase in the number of threats and violent incidents near the library have made it uncomfortable for families and visitors. The city later requested all charitable food service be moved down the street to 61 Riesner Street, also known as the old Houston Police Headquarters.
"Let's just be honest. If they're not getting food from the volunteers, they're getting food from the trash bins. They're getting stuff that they find on the street. So, whenever they talk about health and safety and regulations of food, that's a red herring for the public, hoping that the public will back the city," Kubosh said.
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Two more additional cases are expected to be heard in court later this week.
In a statement, City of Houston Attorney Arturo Michel said, "The City of Houston intends to vigorously pursue violations of its ordinance relating to feeding of the homeless. It is a health and safety issue for the protection of Houston’s residents. There have been complaints and incidents regarding the congregation of the homeless around the library, even during off hours. No municipality prevails in every prosecution of a category of violations. Houston prevailed in the first matter and expects to do so in several others. The City has carefully balanced competing concerns, ensuring through its own program and though its significant allocation of funds that there are alternative, nearby feeding locations that have been well attended and well received."