Judge Strikes Down Local Law That Criminalized Feeding The Homeless

Homeless man in New York 2008, Credit Crises. On any given night in USA, anywhere from 700,000 to 2 million people are homeless, according to estimates of the National Law Center on Homelessness and Poverty. [Photo Credit: JMSuarez, CC BY 2.0 , via Wikimedia Commons]

In a moment that is becoming all too common, a court has struck down a left-leaning city’s laws that bar faith-based and community organizations from feeding homeless people.

The Pacific Legal Foundation announced in a statement that “a federal court struck down a Dayton law criminalizing a local nonprofit’s work to provide free meals and supplies to the city’s homeless community.”

“The U.S. District Court for the Southern District of Ohio ruled that Nourish Our Neighbors’ charitable work is protected expression under the First Amendment and barred Dayton from enforcing its food-sharing permit requirement,” the PLF reports.

“This case was about a very simple injustice: People wanted to make their community better, and the government said, ‘Not without my permission,’” said Anastasia Boden, senior attorney at Pacific Legal Foundation. “This ruling vindicates Dayton residents’ right to speak freely and to be kind without a permit.”

“Nourish Our Neighbors founder, McKahla Moran, launched the organization in 2022 to provide food, clothing, and hygiene products to Dayton’s most vulnerable residents. During an April 2024 event, city officers ordered their volunteers to stop distributing free food. When one volunteer handed a burrito to a homeless man, he was handcuffed and detained for more than 30 minutes,” the PLF reports.

The PLR writes that “a federal court found that charitable food distribution is protected expression under the First Amendment. The court found the ordinance vague: Its text broadly banned food distribution, yet the City only enforced it against events that it believed didn’t fit the ‘spirit’ of the law. A Dayton police commander, pressed to explain where the line was, said enforcement would ‘depend on how many tacos’ were being distributed.”

The PLF notes it “represented Nourish Our Neighbors free of charge. The case is Nourish Our Neighbors v. City of Dayton, Ohio.”

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

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Donny Ferguson

Donny Ferguson is a professional fundraiser and organizational manager. Born and raised in Texas, he has lived in Washington, D.C. for 16 years. Ferguson also served as Senior Communications and Policy Adviser in the United States House of Representatives, operating one of Capitol Hill's most effective media operations.

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