Volunteer acquitted for feeding homeless sues Houston for 1st Amdt violations

Aug 04, 2023

Ray Bogan Political Correspondent

By Ray Bogan (Political Correspondent), Stacey Chamberlain (Producer)

A Houston volunteer was found not guilty for feeding the homeless outside of a public library. Now, he’s suing the city.

66-year-old Phillip Picone, a volunteer with the group Food Not Bombs, was found not guilty of breaking the law for feeding unhoused people.

Feeding more than five people outdoors is a violation of a city ordinance. Critics argue the ordinance infringes on freedom of expression and religion, as religious groups often give food to vulnerable residents.

For decades, volunteers from Food Not Bombs have been providing meals four nights a week outside the Houston Public Library without incident, as stated by Picone’s attorney. However, the city posted a notice at the site warning police would start issuing citations. In March, Picone received a criminal citation for feeding the homeless.

According to the Coalition for the Homeless of Houston, the city has an unhoused population of more than 3,000.

Picone’s trial was the first held after 47 tickets were given to Food Not Bombs volunteers. The jury unanimously found him not guilty. Now, he has filed a federal civil rights case against Houston, challenging the controversial law as “unconstitutional.”

Tags: Homelessness, Houston, Lawsuit, Texas

RAY BOGAN: A HOUSTON VOLUNTEER WAS FOUND NOT GUILTY FOR FEEDING THE HOMELESS OUTSIDE OF A PUBLIC LIBRARY. NOW, HE’S SUING THE CITY.

66-YEAR-OLD PHILLIP PICONE, A VOLUNTEER WITH THE GROUP FOOD NOT BOMBS, WAS FOUND NOT GUILTY OF BREAKING THE LAW FOR FEEDING UNHOUSED PEOPLE. FEEDING MORE THAN FIVE PEOPLE – OUTDOORS – IS A VIOLATION OF A CITY ORDINANCE. WHICH CRITICS ARGUE VIOLATES FREEDOM OF EXPRESSION AND RELIGION, SINCE RELIGIOUS GROUPS OFTEN GIVE FOOD TO VULNERABLE RESIDENTS.

AN ATTORNEY FOR PICONE SAID FOOD NOT BOMBS VOLUNTEERS HAVE BEEN PROVIDING MEALS FOUR NIGHTS A WEEK OUTSIDE THE HOUSTON PUBLIC LIBRARY FOR DECADES WITHOUT INCIDENT. BUT THE CITY POSTED A NOTICE AT THE SITE WARNING POLICE WOULD START TAKING ACTION BY ISSUING CITATIONS. IN MARCH, PICONE RECEIVED A CRIMINAL CITATION FOR FEEDING THE HOMELESS. ACCORDING TO THE COALITION FOR THE HOMELESS OF HOUSTON, THE CITY HAS AN UNHOUSED POPULATION OF MORE THAN THREE-THOUSAND.

PICONE’S TRIAL WAS THE FIRST HELD AFTER 47 TICKETS WERE GIVEN TO FOOD NOT BOMBS VOLUNTEERS. THE JURY UNANIMOUSLY FOUND HIM NOT GUILTY.

NOW, PICONE HAS LAUNCHED A FEDERAL CIVIL RIGHTS CASE AGAINST HOUSTON AND THE CONTROVERSIAL LAW HE SAYS IS “UNCONSTITUTIONAL”.