HOUSTON — On Wednesday, police issued what some say is the first ticket for violating the City of Houston's charitable feeding ordinance.
The city said its ordinance only allows for charitable feedings at its designated location: 61 Riesner St.
The organization Food Not Bombs said it has fed Houston's homeless four nights a week at the same downtown location for almost 20 years without getting a citation. A Houston Police Department officer informed organizers that if they chose to conduct the feeding outside of the Houston Public Library, they would be in violation of the city ordinance and would receive a citation.
The officer advised organizers that police would help transport their food to the designated public location, but organizers declined. Instead, they went ahead and served hundreds of meals to those in line anyway.
Organizers said the designated location was too far for the homeless and intimidating because it is next to a Houston Police Department building.
One man received a citation at the end of Wednesday night.
Civil rights attorney Randall Kallinen said the ordinance is unconstitutional and claims it is a violation of the organizers’ free speech and freedom of religion.
“Many of the people here have religious convictions," Kallinen said. "And Jesus, of course, extolled his followers to feed the people who are hungry and this is the same in Islam and Judaism as well as other religions, so it is a form of freedom of religion.”
Kallinen said the man who got the ticket will have to appear at a municipal hearing sometime this month. The penalty for the violation is anywhere from $50 to $2,000.
Food Not Bombs said it will be back in front of the Houston Public Library again to serve food on Friday, as usual.
The City of Houston released the following statement:
Charitable Public Feeding Rules and Regulations
"Over the next couple of days, the City will be informing citizens about updated Houston Health Department rules and regulations governing charitable food service events on public property.
Houston has a charitable food service location that complies with the updated rules and regulations governing food service on public property.
The City supports, and is grateful for, the charitable food services provided throughout the City.
To assist efforts, the City is providing an appropriate location with necessary requirements for a safe, clean, and respectful environment.
The approved public site for charitable food service events is located downtown at 61 Riesner Street, Houston, Texas 77002, near the intersection of Washington Avenue and Houston Avenue. Public feeding will no longer be permitted at the Houston Public Library.
The rules and regulations for the approved public site are:
Each approved charitable food service location on City of Houston property must have the following:
1. Adequate parking for the personnel conducting the food service event. The minimum number of parking spaces shall be ten (10) dedicated spaces during charitable food service events.
2. Adequate trash containment to contain all trash, refuse, and litter on the site of the food service event.
3. Two (2) portable restrooms with hand washing stations available during food service events and available 24 hours per day, seven (7) days per week.
4. Adequate personnel to conduct the food service event and restore the site at the conclusion of the food service event.
5. Adequate trash receptacles, trash containment, and removal measures to contain all trash, refuse, and litter on the site of the food service event and to properly dispose of all trash, refuse, litter and remove unused foods from the site at the conclusion of the food service event.
6. Adhere to guidelines for food preparation, transport, serving, handling, storage, and packaging in accordance with the FDA model food code/Houston Food Ordinance.
Once again, the City is providing a dedicated location with the appropriate, needed space, and infrastructure/amenities to serve Houstonians with the dignity they deserve.
These updated Rules and Regulations do not apply to charitable food service on private property. Charitable food service on public property must be done at 61 Riesner Street, Houston, Texas 77002.
It is illegal to provide charitable food service events in a public place in Houston without permission from the City and after February 24, 2023, citations will be issued.