Three arrested, accused of illegally feeding homeless

[EvilMonsanto]

Source: Orlando Sentinel

Members of Orlando Food Not Bombs were arrested Wednesday when police said they violated a city ordinance by feeding the homeless in Lake Eola Park.

Police waited until everyone was served to make the arrests, said Douglas Coleman, speaking for Orlando Food Not Bombs.

The penalty for violating Orlando's ordinance is 60 days in jail, a $500 fine or both.



Read more: http://www.orlandosentinel.com/news/local/crime/os-homeless-feedings-arrests-20110601,0,7226362.story

---

Get the hell outta here
What the hell????????????????????

ARGHHHHHHHHHHHHHHHHHHH

[cutlassmama]

1. The poor are supposed to hurry up and die

[plumbob]

2. FEEDING PEOPLE!!!!???? OMFG!!! What next????!!

Healthcare for everyone? GOOD GAWD, we have to stop this kind of behavior!

We kill people, we don't feed them. Make you proud to be Anamurikan, don't it?








Man, just when you think it can't get stupider..........

[Jackpine Radical]

3. I guess if I had to go to jail,

this is what I'd want to be going for.

[Boojatta]

19. "McHenry wants to stay in jail and let the legal process take its course, Coleman said."

[hamsterjill]

4. Possible 60 days in jail for feeding someone who was hungry?

Mercy! How utterly disgusting. Sharing food with someone who is hungry is an act of a hero; not a felon.

[dixiegrrrrl]

40. So now they have to feed the guy they arrested

but won't feed the homeless person.

Batshit insane, indeed.

[quaker bill]

54. No

the violation is for setting up a buffet line to feed more than 25 folks without a permit, it does not matter who the people are feeding. It would be just as illegal to set up a buffet line to serve 40 billionaires caviar in this park without a permit.


The permits are free, so I expect the Billionaires would have one....

I do not support the law, but I find the misinformation about it unhelpful.

[JackRiddler]

60. Your own post makes it clear the arrest is for feeding the homeless.

As you say, "The permits are free, so I expect the Billionaires would have one...."

And the billionaires could have one every single day for caviar lunch, if that's what they wanted. And you know it.

Whereas if such a permit is denied for feeding the homeless, then the de facto function of the law given its selective enforcement becomes clear: to prevent the feeding of the homeless, or other gatherings of poor rabble in public spaces. This is doubtless a part of its de jure original intent, (alongside the usual authoritarian stance of the state, everything must be either explicitly permitted or prohibited). This ordnance is in the spirit of loitering and assembly-related ordnances nationwide that selectively target the lower classes and privilege the upper. Expulsion is the most common strategy for dealing with homeless people.

The law in its majesty does not give rich and poor equal rights to sleep under the bridge, as the old saying would have it. Even that would be a step up from what we actually have. Sooner or later the poor will get chased out from under the bridge.

.

[quaker bill]

61. Once again slowly

Actually, the law is quite clear, any one group can have two permits a year. The simple solution to this is to have many groups. Folks not interested in protesting the law would simply form a sufficient number of groups to obtain the number of permits they needed. OFNB on the other hand refused to apply for a single permit and would not accept the permit handed to them. I get this, but they have already challenged the law as far as they could in the courts and lost. They refuse to accept the defeat. Some will go to jail for an extended terms if they do not back down, count on this. The City would not have spent well north of $100,000 defending this law from OFNB if they were not ready to make examples of some of them.

Bottom line, the three were let out on minor bail with a warning not to return to the park and a trespass warning. The group feeding ordinance carries a modest fine and a potential 30 days. The purpose of the trespass warning is that the next step is an arrest for criminal trespass, this comes with a bigger fine and 6 months jail time. This is the crime they will be arrested, tried, and sentenced on, and in that the judge they will be facing has already warned them, count on the full 6 months + a fine.

The permit is required to set up a line and feed more than 25 from one location in specific parks and other named locations. There are lots of legal places to feed homeless folks here, as many homeless folks as you want, as often as you like. If all OFNB was about was getting food to homeless people there would be no issue. The law is simple, any one group can get two group feeding permits for these specific locations each year. It is the same whether they are giving the food away or charging billionaires handsomely for it.

I do not like the law, but I have read it and have spoken with and supported the folks who challenged it. Nothing about the law makes feeding homeless folks illegal, the court ruling was clear that such a prohibition would be unconstitutional. It simply restricts how large and frequent centralized mass feeding operations can be at some specific locations.

This particular law was in fact passed to mess with OFNB, however it was not adopted to expel the homeless from downtown. Other substantially more harsh laws have been adopted and enforced for that purpose. One can lay down in these parks, but don't bring a blanket or a pillow, unless you happen to enjoy being arrested, for instance.

[aquamarina]

5. What a hateful ordinance. What hateful people for

enforcing such a hateful ordinance. $500 could provide quite a few meals to these people. Tax breaks for the rich and jail time for people who feed the poor. I'm not religious but WWJS about this?

[elleng]

6. At least the police are civilized; can't say that for city council/mayor.

[jwirr]

21. The actions of the police make me think they are not all that in favor

of this stupid law. If that is the case then good for them.

[Jackpine Radical]

36. That struck me too. They made the arrests after the food was distributed.

[LiberalFighter]

7. The city council members need to be fined and jail.

Maybe they should organize something to prevent the council members from grocery shopping or eating at restaurants.

[arcane1]

8. As silly as this rule is, they were not arrested for feeding a hungry person

They were arrested for "violating the ordinance restricting group feedings in public parks".

I can understand why they would want to at least restrict such activity (if only to ensure the group cleans up after itself), and the penalty is pretty freakin' harsh by any standard, but it's not like they gave someone a sandwich and were sent to jail.

Surely there is a saner way for Orlando to handle this issue :shrug:

[Shireling]

11. Why not

simply tell the group about the ordinance, which they obviously were unaware of, and allow them time to find another location.

I guess the officers enjoy humiliating those who have compassion.

[arcane1]

12. According to the article, they can get permits to do this n/t

[nebenaube]

56. I'd be curious...

Id be curious to know how many of these permits ever get issued. Sure, one could apply for the permit but that doesn't mean they will grant one.

[ixion]

58. how much do you want to bet they tried?

but because of a flawed permitting process, they didn't have enough to bribe, er, I mean 'pay for' all the various services required.

[hamsterjill]

16. You are correct, but

I think the real point here is that it's stupid for someone to be punished for sharing food with someone else who is hungry.

Yes, technically these people were violating a city ordinance, but where does common sense come back into the equation in that it's absurd to have such a city ordinance to begin with?

I agree with you in that "surely there is a saner way for Orlando to handle this issue".

[cstanleytech]

34. Except they had other completely legal options

such as donating time to a shelter to help feed the homeless if their goal was to help feed them, if on the other hand they wanted to make a political statement then they need to suck it up and pay the fine.

[Boojatta]

18. What if 30 people feed 90 birds?

From the article:

The ordinance applies to feedings of more than 25 people.

We are supposed to count how many people are being fed.

The group lost a court battle in April. It (the ordinance being enforced) requires groups to obtain a permit and limits each group to two permits per year for each park within a 2-mile radius of City Hall.

Maximum of two permits per year: silly or draconian?

The U.S. District Court of Appeals for the 11th Circuit in Atlanta ruled that city rules regulating how often large groups of people can be fed in a park do not violate the Constitution.

The founders were familiar with governmental authorities that tried to prevent political ideas from being distributed. How could they anticipate that future governmental authorities would try to prevent the charitable distribution of food?

[ohnoyoudidnt]

28. Simple solution then

If there is any litter left afterwards, fine the group handing out food for littering if they do not clean it up. Where else are they going to do this if they don't have a building to use. They could do it just outside of the park, but litter can be left there too.

[cstanleytech]

32. True enough.

[no_hypocrisy]

9. You kidding? I'd be looking forward to my Day In Court to make a statement.

"Your Honor, I am guilty. 100 percent guilty. And I defensively plea Justification and Necessity. I fed homeless people illegally to prevent a greater social injury and the law allows nullification in such cases."

[Ship of Fools]

10. yep.

death to those with compassion. feed the poor? GAWD FORBID IT!!!!!

[quaker bill]

13. Once again, they went intending to be arrested.

It is a protest. These folks are friends of mine. Some of them attend our Meeting.

There are plenty of completely legal ways to feed the homeless in Orlando. Given that this is all you want to do, there are plenty of ways to accomplish it. I know this for a fact, because I do it.

I support OFNB and their political statement. However, it needs to be understood as a political statement. They want to feed the homeless in high visibility areas as a political statement, thus "food not bombs".

It is not about the mission of getting food to the poor, as there are a great many completely legal ways to do that, most of which are currently begging for more support. I have no doubt OFNB would be welcome to volunteer at many of them.

The thing is, I have been a regular volunteer feeding the homeless for over 10 years. The Orlando Sentinel has never written a single word about it. OFNB gets this and chooses a different path.

How do I know they went with the intent of being arrested? Because I am on their e-mail distribution list, and they said so.

[HankyDubs]

20. good for you and good for them

it is our duty to disobey unjust laws.

[Boojatta]

22. Meanwhile, some newspapers are going bankrupt.

Why don't a couple of small charitable organizations that are devoted to feeding the poor simply buy all of the available advertising space in all newspapers throughout the country? In particular, some space in the Orlando Sentinel would be devoted to motivating readers to volunteer and/or donate money to help feed the poor.

It's true that it would be wasteful if you're trying to get the attention of Sarah Palin. You could advertise in any single newspaper and get her attention. She reads them all. However, most potential donors to charities don't read more than one or two newspapers.

Notice that my plan would not only help the hungry, but it would also help prevent job losses among people who are employed by newspapers. Of course, we need to give this some thought. Maybe some unforeseen problem would prevent my plan from working.

It is not about the mission of getting food to the poor, as there are a great many completely legal ways to do that, most of which are currently begging for more support.

The thing is, I have been a regular volunteer feeding the homeless for over 10 years. The Orlando Sentinel has never written a single word about it.

[ElsewheresDaughter]

29. my sister Maureen Abbott has been feeding the homeless for over 35 yrs in FL. they have been arrest

after her death her husband Arnold continued her work and made it legal. She and Arnold have been arrested several times for feeding the homeless.

http://www.lovethyneighbor.org/

"We have had a number of "firsts" during our long history. We were the first to have regular feedings at Holiday Park and on Fort Lauderdale Beach where the Mayor wanted to have Arnold Abbott arrested for organizing the feeding there. After three trials in the Circuit Court, followed by two trials in the Palm Beach Appeals Court, LTN won them all, and the laws were declared unconstitutional. We were also the first to feed, for the five years of the existance of Tent City, and all feedings thereafter had to go through our organization."

[quaker bill]

41. This law was challenged

went to the FL Supreme Court, and was ruled constitutional. It does not make feeding the homeless illegal, it just requires a permit to feed more than 25 at one time in certain locations. OFNB refuses to get a permit and fed about 40 folks in front of City Hall at the time of the arrest.

There are plenty of legal ways to feed the homeless in this area.

There is also a way around the law. Any group can get 2 permits a year, they just need to form 26 groups. You raise about $3000 and set up twenty six OFNB1,LLC, OFNB2,LLC..... each would be entitled to two permits. They prefer to protest and I have no problem with this.

However, I choose work with the shelter system feeding the homeless.

[hamsterjill]

43. There are some homeless persons who will not go near a shelter.

I don't know about other cities, but I'm in San Antonio. We have a relatively new homeless program here, which is really awesome. It's called "Haven for Hope". But there are still those that are homeless who want no part of anything as structured as a shelter. For whatever reasons, be it fear, mental issues, whatever...

I don't believe it should EVER be a crime to feed another person who is hungry. It's basic humanity and does not need to be legalized or criminalized. You just do it because it's the right thing to do!

[quaker bill]

46. I agree that it should not be a crime to feed people

and it is a crime here only under very specific circumstances. It is a crime if you set up a buffet line to hold a group feeding event, in certain parks, feed more than 25 people at the event, and do not have a permit.

If the same group of +/-20 activists walked into the same park as individuals, each carrying 5 meals and handed them out seperately to 100 homeless folks, they would be legal.

It is setting up the buffet line under the ONFB banner and having the homeless people line up to be served at one location, that requires the permit. The FL Supreme Court found that the act of giving a homeless person food is protected free speech that the City cannot regulate, but that it was constitutional for a City to regulate and require a permit for mass feedings in its parks.

The issue is far more arcane than how it is being reported. It is truly not about feeding the homeless, the law requiring permits also applies to the latin and greek heritage festivals, the food and wine festival, and the several arts and crafts festivals and other events held in that park over the course of the year. I exhibited at one of these art festivals, the organizers had their permit and food was served to a great many people. While it was clear that some of the folks at the festival were among the homeless (as many crash in that area), the vast majority were not homeless at all.

The permit is not required specifically to feed homeless folks, it is required to feed anyone in groups larger than 25 from one location, in certain downtown parks. It was clearly passed to make life difficult for OFNB, who had been setting up their buffet line in the same location wednesday night every week. No other group has a problem with it because they were not using these specific parks more than twice a year, but all groups who serve food large numbers of folks in these parks must now have this permit.

The law does not make feeding homeless folks illegal, this would have been held unconstitutional. It restricts OFNB's ability to conduct this very specific form of protest to no more than twice a year in certain downtown parks. This restriction was challenged by ACLU all the way to the FL Supreme Court, and they lost.

I do not argue for the law and support OFNB, some of these folks are friends of mine. The point is that they did a 3 year legal battle over this and lost. The City literally spent well in excess of $100,000 in legal fees to create this law and keep it in place. They will now most surely enforce it.

[FailureToCommunicate]

14. Orlando outlaws Jesus? Makes it a crime to feed the

multitudes?

(John 6:5-15)

[damntexdem]

15. And there are plenty of witnesses -- just have to subpoena them at their ...

homes. ;-)

[undeterred]

17. Wasn't there a post about not saving someone commiting suicide...

must not help anyone living on the edge :banghead:

[Hubert Flottz]

23. Jesus would be shit out of luck in Orlando.

"O M Gawd, this mug-shot looks just like Jesus!"

[quaker bill]

55. Not out of luck

but perhaps in jail.

[No Elephants]

63. Yes, but the same is true of just about anywhere.

[FiveGoodMen]

24. The fires of hell would not be hot enough for those who pass such laws

In any decent society they would have been immediately lynched.

No, I'm not kidding.

No one who does such things is human.

No one who does such things has any right to live.

[tomm2thumbs]

25. can anyone explain why they aren't just ticketed, and are actually arrested?

how is this not a fined offense with a ticket vs. full on arrest

[WatsonT]

26. I'm guessing it's a public health law

regulate who can serve food to ensure they aren't giving out spoiled or contaminated foods to the public.

[iamjoy]

30. And Some Local Residents

From what I understand, some residents who lived in the area didn't like it because the homeless would gather there (for free food, of course) but then, without adequate public restrooms, many would just relieve themselves on people's lawns. You wouldn't like that if it was your house. And I guess some folks are scared of vagrants, thinking they might do them harm and got nervous when dozens would gather.

Don't assume everyone living near downtown is rich. And it's not such a stretch for people to think that some vagrants could be dangerous. Sure some are just nice folks down on their luck, but some are mentally ill. And some mentally ill are dangerous. Of course, your squeaky clean next door neighbor could be a closet psycho, but we never think that, do we? We're trained to be suspicious of what seems like it doesn't belong.

I sympathize with the residents, but think this ordinance is stupid. Why not really try to help the homeless (and mentally ill) rather than passing punitive rules that do nothing to solve the problem?

I have a friend who used to live near downtown. When she put out her trash, she noticed that sometimes the homeless would go digging through it for something to eat. So, she started wrapping the food she was discarding in foil and putting it on top of the garbage. Then it was easier for the homeless to find something to eat and made it less likely she had to deal with her trash scattered across her lawn from people digging through it. Compassionate and smart.

[iemitsu]

38. the law is designed to keep the homeless invisible.

to keep them from public spaces where they might upset the "paying" public.
we don't feed the bears or the homeless because it is likely to make them into nuisances.

[quaker bill]

50. If so, it is not working

[iemitsu]

62. many laws don't work quite as they were intended.

[Odin2005]

45. That is just the excuse used to fuck over the homeless.

[quaker bill]

52. No, it is directed at OFNB

they have other laws to mess with the homeless.

[quaker bill]

53. close

they do not regulate who can serve food, they regulate where you can do it and how often.

[iamjoy]

27. Good For the Police!

I know, odd thing to say - but it's this line that made me smile.

Police waited until everyone was served to make the arrests

I mean, it's almost like they sort of agree with the folks and think the law is stupid. After all, if cops see some one speeding, they don't usually follow the driver to his/her destination and then issue the citation. And when police catch some one in a B&E, they don't wait until the person has stolen and sold the stuff (unless it's a larger sting operation).

If all the police were interested in doing was having evidence that the statute was willfully violated, they would have done the arrests after 26 - 30 had been served. But no, they let the hungry people get their food.

I don't feel sorry for the folks arrested either - they did this on purpose. It's a crappy ordinance, but there are legal ways around it.

I'm a little embarrassed by my hometown having such a stupid and senseless rule anyway. Not feeding the homeless doesn't make the problem go away, it's like a child who covers his/her eyes thinking it grants invisibility.

Mayor Dyer is supposedly a Democrat, but with his support of welfare for billionaires (tax payer funded arena for an arch conservative sports team owner), crappy ordinances like this and the fact that he endorsed the Republican (a total right winger) over a smart, savvy Democrat in last year's State House 35 race, I'm beginning to wonder.

disclaimer: I don't technically live in Orlando's city limits, but have lived within 20 miles or so my whole life.

[marasinghe]

31. having followed FNB since 2003 - they are on the side of the angels.

they've been out there, feeding the homeless AND protesting the wars, since they started.

unlike armchair critics, these guys put themselves out on the line where their mouth is. they're not in it just for their admittedly radical politics; they want to help the destitute.

FNB was on the ground in Louisiana feeding Katrina victims, from the outset - before the FEMA clowns got their act together.

[quaker bill]

48. They are good folks,

Several are my friends.

[eagertolearn]

33. Its funny how republican states that want fewer rules end up with more

And really stupid ones. I can't believe this. This will not solve a thing. My brother was homeless until he died from alcohlism and I couldn't imagine this. The group he hung out were as nice as could be....just lost soles needing mostly mental support. Most were self medicating. Our country is in a very sad state:(

[Downwinder]

35. Good thing Romney was not serving chili in Orlando, they might have locked him up.

[quaker bill]

49. Only if his folks screwed up and did not get the permit n/t

[NYC_SKP]

37. "If you feed the homeless, they'll just keep coming around like cats."

That's what hateful people think and what they say.

Like they're just animals.

:puke:

[Boojatta]

42. This might be the start of a beautiful friendship ...

... between the people who enacted Orlando's ordinance and the people who manage PETA.

You pointed the way when you wrote, "Like they're just animals." It reminded me of some of PETA's campaigns.

[annabanana]

39. WWJD indeed. . . . very sad. . . .n/t

[Doctor_J]

44. "Food Not Bombs" is a liberal-sounding name

Scott ordered the cops to arrest "liberal looking people" last week. Certainly "Food Not Bombs" sounds liberal enough to make the "most wanted" list in FL

[quaker bill]

47. Even conservatives must get the permit

If you were a conservative group holding a "pro-life" rally in this park and were setting up a buffet line or concession stand that would serve food to more than 25 folks, you would need this permit and be subject to arrest without it.

This has nothing to do with Governor Ricky as the battle to create this law and keep it on the books goes back 3 years.

[JAnthony]

51. Yeah, Rethuglicans in Florida wants all those darn "libruls" to move out ...

and stop doing "librul" stuff like feeding the poor.

[florida08]

57. sounds like the group

is trying to bring attention to the rise of homeless/jobless in this state which is pretty big right now. Rick Scott is slashing the budget and part of that is for a homeless vet center in Brevard County. This state is already hurting from the housing market crisis and loss of jobs. There will be more homelessness and crime. But as long as the business community is happy..

http://www.sunshinestatenews.com/story/rick-scott-supporters-urge-deeper-cuts-state-budget

[24601]

59. Here's the link to the Mayor's Bio - he was Florida Senate Democratic

Leader for 3 years.

http://en.wikipedia.org/wiki/Buddy_Dyer

[No Elephants]

64. Bottom line: Communities need to deal with the issue of homeless individuals and families.

[melm00se]

65. methinks

the police were none to thrilled with this assignment and used their discretion

Police waited until everyone was served to make the arrests...

they can't not enforce the law, but they sure as hell could drag their feet in doing so.

[defendandprotect]

66. What is this ... a "let the poor and homeless die" ruling -- ????

[Le Taz Hot]

67. Whew!

I'm so glad they're behind bars. And to think these dangerous criminals were out among descent society! :crazy: