West Palm Beach ban on feeding the homeless will end, thanks to court settlement

In September 2007, the West Palm Beach City Commission passed an ordinance making it illegal to distribute food to the homeless in certain areas of the city. The decision was criticized by many, this blog included, for its heartless and selective nature.

Yesterday, though, the city agreed to repeal the measure in the face of a federal lawsuit challenging its constitutionality and in light of a recent court decision overturning a similar ordinance in Orlando.

"We were shouting and jumping and there were a lot of tears," said Olga Smith of the family-run Art and Compassion ministry, which has been offering free meals at the library for five years. "It's so awesome for the homeless. We've been praying about it for a long time."

Jordan Hunt, whose group, Food Not Bombs, offers free meals outside the library on Saturdays, agreed.

"I was always pretty sure we would win," he said of the case that was to go to trial next week. "We deeply felt the law was unjust and unconstitutional."

As part of the settlement, the city also agreed to pay the $100,000 in attorney fees the groups racked up in the court fight.

Not all, however, cheered the news.

Thierry Beaud, owner of Pistache French Bistro, said the gatherings have hurt his business. Homeless people ask his customers for loose change and cigarettes. They sleep on his outdoor patio. He said he has witnessed drug deals, sexual activity, public urination and fights.

The Wednesday meals by Art and Compassion are more disruptive because they feature singing and preaching broadcast over a public address system. Food Not Bombs is a secular group and doesn't spice up the food it dishes out with gospels and hymns.

"The homeless need help especially in these economic times," Beaud said. "I just wish there were the right venue. I wish there were a building where they could conduct the feedings."

Jordan said he is hopeful Beaud will get his wish. As part of settlement talks, Jordan asked city officials to let the two groups work with business and civic leaders to address the problem of homelessness and poverty.

Now perhaps more than ever, those two issues are on everyone's doorstep. The West Palm Beach decision is great news, of course, but it's really just the first step. With regard to getting wishes, I for one how Jordan Hunt gets his: a municipally-operated assistance center for the homeless.

West Palm Beach: no handouts for homeless

Well, I guess this is what passes for "compassionate conservativism" in West Palm Beach. The City Commission, under the leadership (and tie-breaking vote) of batshit crazy mayor Lois Frankel, voted 3-2 (with one absence) to ban food handouts in an area of downtown frequented by the homeless.

"How in good conscience can we allow a segment of our community to take the burden of this?" Frankel said.

The measure bans handing out food free or at a nominal charge to anyone - not just homeless people, although that's what prompted the ordinance - in the fountain area, the library property and the Meyer Amphitheatre, saying it conflicts with events at those places.

[...]

"Do people of poverty have the same rights of association as any other person?" said Alan Clapsaddle, pastor of Westgate Tabernacle Church, which lets homeless people sleep at the church. "We're criminalizing people helping people. It just doesn't make sense."

John Pauly, chairman of the Palm Beach County chapter of the American Civil Liberties Union, said the measure raises constitutional concerns, including religious freedoms and freedom to assemble.

United Way official Daniel Gibson asked for a delay to give the city and the groups time to hash things out.

But downtown residents said the groups of homeless people who gather on Wednesdays and Saturdays have become insufferable. Business owners said vagrants have brandished knives at them and shot heroin in bathrooms, which they tied to the food distribution, though they didn't have proof.

Dawn Alba, who lives in a condo next to the fountain, said she's "all about peace and justice and all that" but said the feeding programs could be held nearby. "Wherever it is, they'll go get it," she said.

Raphael Clemente of the Downtown Development Authority said some patrons eating outdoors "just get up and leave" when homeless people are nearby.

See, here's the thing, Ms. Mayor: the people giving out food are doing so voluntarily. No one is forcing them to "take the burden of this," as you so eloquently clumsily put it. Voluntarily helping others is what compassion is all about ... not that you'd know anything about compassion. Hell, you'd rather go farther, wouldn't you?

[One commissioner who opposed the measure] noted that other parks also are used for special events, to which Frankel responded: "Would you like to amend this to include all the parks? Because I would go along with it."

[...]

Frankel took a beating at the hearing. Several in the audience shouted their disapproval of the measure she has championed.

I wasn't there, but I have no doubt that Mayor Frankel was being sarcastic. The mention of the other parks was intended to show that this measure was being applied inequitably to only those parks where homeless are known to congregate and that the rationale of protecting "special events" was a sham. But Frankel found a way to twist that to her mean-spirited advantage.

West Palm Beach's mayor may not be as openly vile and hateful as Fort Lauderdale's mayor, the homophobic batshit crazy fundie Jim Naugle, but Lois Frankel is just as much of an embarrassment to her city and to all of south Florida.

Orlando man arrested for feeding too many homeless people

Oh, fuck me. Are you kidding me?

Eric Montanez, 21, is the first to be arrested under [Orlando's] controversial ordinance that bars feeding large groups of people in downtown parks without a special permit.

The rule was approved last summer after residents and businesses in Orlando's gentrifying downtown complained that parks were being used as soup kitchens.

The arrest enraged volunteers, who said it was proof that the city cares little for its neediest residents.

"Police are arresting people for feeding the homeless," local ACLU President George Crossley said. "This has been a truly disgusting day."

[...]

Homeless advocates and city officials have butted heads since the passage of the ordinance in July. The law bars groups from feeding more than 25 people without a special permit. Groups may have two permits per year.

The Central Florida ACLU filed suit in Orlando's U.S. District Court in October arguing the ordinance is unconstitutional. Meanwhile, activists skirted the rule by having several organizations host the weekly Lake Eola meals, and making sure no one group served more than 25 people.

Police kept close tabs, sometimes taking photos and ticketing volunteers' cars.

[...]

The arrest came about 5:15 p.m. Food Not Bombs, CodePink, an anti-war group, and the local Young Communist League fed 35 people rice, stew, salad and bread pudding.

Undercover officers filmed the food line, meticulously counting Montanez serving "30 unidentified persons food from a large pot utilizing a ladle," according to an arrest affidavit.

Police approached Montanez and asked for his identification. They considered issuing him a summons on the misdemeanor count, but when he tossed his ID, police took him into custody, the affidavit says.

Jonathan Giralt, 16, a Boone High School junior who was near Montanez, disagreed with the police account. He and other volunteers said the activist showed his ID and complied with police orders.

"I was like, OK, this guy [Montanez] is going to be arrested for absolutely nothing," Jonathan said. "It makes me feel unsafe."

Police also collected a vial of stew as evidence.

Some things just defy commentary. I don't know what to say, other than this may be the most heinous ordinance ever enacted and enforced by an American city, and the way the police monitored the situation and counted those being fed is appalling.

And a vial of stew as evidence? Well, sure, it might be tainted with drugs. Or Keith Richard's father's ashes. Who knows?

St. Petersburg police ignore the Constitution

Apparently the cops in St. Petersburg are tired of protecting retirees, so they've moved on to wanton destruction of property:

Mayor Rick Baker says he had no idea that top city officials, including the police chief and one of his deputy mayors, planned a raid on homeless camps Friday in which police slashed tents being used for shelter.

"I did not know that the operation had occurred until it occurred," Baker said Monday. "I was aware that the fire marshal had identified a very grave concern. I did not know the specifics to the solution."

In some cases, police officers tore apart the tents while homeless people were still inside, cutting the fabric with scissors, knives and box cutters. The raid on the "tent city" at 15th Street and Fifth Avenue N came just days after two homeless men were slain and jolted a community still frightened because the killers are still at large.

Videos of officers cutting apart tents have received hundreds of views on YouTube and other Web sites.

This would be one of the videos in question:



And here's another, somewhat more graphic one a longer version of the video:



This is disgraceful, and the City of St. Petersburg justifiably is taking a lot of heat. Apparently they've never heard of the Fourth Amendment to the U.S. Constitution:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The justification for the raid? Concern about potential for fire:

Authorities were concerned a fire, started by residents cooking and smoking in tents, could spread quickly through the camp. They said a new, bigger camp has addressed their safety concerns.

"I was aware that the fire marshal had identified a very grave concern," Baker said. "I did not know the specifics to the solution."

This is not only flimsy, but it's no excuse for what the police did, without probable cause nor provocation. As a former resident of St. Petersburg (1977-80 and 1997-99), I'm deeply disturbed by this, and I strongly advocate the severest sanctions possible for those responsible for the raid.

(h/t to Holden for bringing this to my attention)