The ordinance has resulted in egregious fines and prosecutions of local Food Not Bombs volunteers, simply for feeding homeless community members
FOR IMMEDIATE RELEASE
January 30, 2024
Contact: media@texascivilrightsproject.org
HOUSTON, TEXAS - Today, the Texas Civil Rights Project (TCRP) filed a lawsuit against the City of Houston for violating the First Amendment through its latest attempt at criminalizing food sharing. Houston’s Anti-Food Sharing Ordinance makes it a crime to feed five or more people in need on property without the owners' permission, including City property. The lawsuit seeks to overturn this Ordinance that targets some of Houston’s most vulnerable residents and those who serve them. TCRP filed the lawsuit alongside Remington Alessi on behalf of Houston Food Not Bombs, and one of their members, Brandon Walsh. View the complaint here.
People or groups can be fined up to $2,000 for violating the Anti-Food Sharing Ordinance. The ordinance was passed in 2012, but went over a decade without being enforced until March of 2023. Since March 1, 2023, members of Food Not Bombs Houston have received over 92 citations, potentially totaling more than $184,000 in fines.
"The City's attempt to criminalize food sharing not only violates the First Amendment but also perpetuates cycles of poverty and hunger,” said Randy Hiroshige (he/him), staff attorney, Criminal Injustice Program at TCRP. “Food Not Bombs has been an integral part of ensuring our most vulnerable neighbors have access to a warm meal, yet they are being cited for these acts of care under this cruel and unnecessary ordinance."
TCRP is filing the lawsuit on behalf of Food Not Bombs Houston, the local group that has served free meals to thousands of community members outside the downtown Houston Central Public Library for nearly two decades. The group began receiving citations last year while sharing food at their regular site.
“In addition to all the constitutional problems, the question is whether we as a society want our government to punish people who feed hungry folks,” said Remington Alessi, co-counsel. “Is that who we are?”
When the City began enforcing this Ordinance, it posted notices stating that the only city property in all of Houston where the City will allow charitable feeding is one police station parking lot. Moving food sharings from the library to this police station would decrease accessibility for people with disabilities and deter homeless community members who fear being needlessly arrested or harassed by law enforcement.
“The City of Houston has claimed that relocating feedings from the library to the police station will make residents feel safer, but they are ignoring the danger it poses to people who actually need food-sharing resources,” said Dustin Rynders (he/him), legal director of TCRP. “By forcing Food Not Bombs to feed at a police station, the City is putting vulnerable people in direct contact with those who wish to kick them off the streets. This cannot stand, homeless community members deserve the same safety, respect, and access to a warm meal as their housed neighbors.”
Two petitions calling for the repeal of the Ordinance have garnered over 100,000 signatories, illustrating that thousands of Houston residents agree it is time to end the criminalization of food-sharing and the prosecution of these tickets. TCRP and Food Not Bombs Houston submitted their petition to the City Council and Mayor Whitmire on January 8th. TCRP encourages Houston residents to call their Mayor and city council members to urge them to end the enforcement of the ordinance, because helping a neighbor in need should not be a crime.
If you are interested in scheduling an interview with one of the lawyers on this case or TCRP’s criminal injustice experts, please contact media@texascivilrightsproject.org to coordinate.
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