Official findingOverreach

Federal Judge Rules Houston's Enforcement of Food-Sharing Ordinance Against Food Not Bombs Violated First Amendment

A federal judge ruled that Houston violated the First Amendment by enforcing its charitable food-giveaway ordinance against Food Not Bombs Houston, which received 111 citations, according to Reason.

According to Reason, U.S. District Judge Andrew S. Hanen of the Southern District of Texas ruled that Houston's enforcement of a 2012 ordinance barring unpermitted outdoor food giveaways to more than five people "in need" was unconstitutional as applied to Food Not Bombs Houston. Reason reports that Houston police issued 111 citations to the group's members after 2023, when city officials wanted the group to move to a city-approved parking lot. One activist was acquitted, and other cases were dismissed or delayed. Hanen did not address the group's facial challenge to the ordinance. He ordered the parties to submit a proposal for a permanent injunction within 30 days. The City of Houston did not immediately respond to Reason's request for comment.

Why it matters

The ruling found that the city's enforcement of its ordinance against the group violated First Amendment rights, after 111 citations were issued. The court has ordered the parties to propose a permanent injunction.

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