Food Not Bombs Houston receives preliminary injunction against city, can continue serving at Central Library
HOUSTON - An organization in Houston known for feeding the homeless scored a small victory in court on Wednesday.
Food Not Bombs Houston received a temporary injunction allowing them to serve meals to the homeless at the Houston Central Library following a history of incidents.
The organization at first, would serve food from the Central Library to the homeless. However, an ordinance was passed, and the organization challenged the constitutionality of the city's ordinance.
The city of Houston provided a new location at 61 Riesner Street for the organization to provide the meals for the homeless.
However, the organization didn't move to the new location and continued to serve the homeless from the Central Library.
As a result, numerous volunteers from the organization were ticketed by Houston police.
The organization then took the city to court to challenge the ordinance.
The federal court order states, "The City of Houston and its officers, employees, and agents are hereby enjoined from enforcing 20-252 and 20-257 of the Houston City Code against Plantiffs, Food Not Bombs Houston members, and Food Not Bombs volunteers as they participate in their food-related protest at the Central Library location."
As part of the agreement, the plaintiffs can post a bond in the amount of $25,000. Alternatively, plaintiffs may elect to post a lower bond in the amount of $2,500 provided that they meet several conditions including bringing trash to trash cans and cleaning up after each event, provide handwashing stations, hand sanitizer, or hand wipes to all attendees, avoid congregating on sidewalks and in the streets so as to block a sidewalk or street, and ensure that any food-handling member (who hasn't already taken the city's food safety training) attend the free, virtual training offered o the third Saturday of every month.
The injunction will become effective when the $25,000 bond is filed or when the $2,500 bond and sworn certificate are filed.
In a statement to FOX 26, Houston City Attorney Arturo Michel said, "The Judge's order recognized that there were competing interests. Food Not Bombs has a First Amendment right to express its views. The City has an equally important right to ensure public safety and safeguard public health. Mayor Whitmire is committed to working together to resolve differences and agree upon an ordinance that allows expression and provides a safe and healthy environment at the central library and elsewhere for the homeless and their neighbors."