Can groups feed the homeless in city parks? West Palm Beach looks to amend ordinance

West Palm Beach, responding to a recent court ruling, took steps to tweak its ordinance requiring people and organizations who run homeless food programs at public parks to get special permits.

In October, Palm Beach County Circuit Court Judge August Bonavita ruled that the city's ordinance — passed in March despite vocal opposition from homeless advocates — was unconstitutional because it did not include a timeframe during which the city must approve or deny permit applications. Because of that, Bonavita ruled, the city could, in theory, sit on the requests, an action which he deemed would be an unconstitutional prior restraint on the 1st Amendment rights of groups seeking to feed the homeless.

Members of the groups say that, in feeding the homeless, they are making a political and humanitarian statement that is protected by the 1st Amendment.

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The ordinance, Bonavita ruled, "lacks any meaningful timeframe in which a timely and properly filed application must be acted on by the city. The result is that someone seeking a permit for a large group feeding event may be forced to wait indefinitely, even beyond the date of the event."

In response to Bonavita's ruling, the City Commission gave preliminary approval to changes aimed at helping its special event permit ordinance pass constitutional muster. The principle change is the establishment of an as-yet unspecified timeframe for when special event applications must be approved or denied.

City Commission members passed the updated ordinance unanimously. They will have to approve it twice more before it can go into effect.

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At least four people have been cited and fined for violating the previous ordinance, which Mayor Keith James and City Commission members said was necessary to address trash left over after the feeding programs. They also argued that unregulated, open-air feeding programs encouraged the homeless to congregate at public parks, which they said dissuaded other residents from using them.

Bonavita's ruling not only declared the ordinance unconstitutional, but it halted the prosecution of those cited for violating the ordinance.

West Palm will change, but not eliminate, the ordinance

Food Not Bombs, an advocacy group that feeds the homeless at Nancy Graham Centennial Square on North Clematis Street, hailed Bonavita's ruling.

But the group's ire was stirred when it learned that the city was moving to change but not scrap the ordinance, which its members argue is hard-hearted and cruel.

"Time to mobilize (AGAIN!)," the group posted on its Facebook page. "Last night the WBC CC chose to continue their assault on the homeless by amending the foodshare ordinance for future enforcement. The gist is that they're changing it to fit Judge Bonavita's recommendation so it pass (sic) as legal - even though he previously stated it's unconstitutional."

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Multiple homeless advocates have used the public comments portion of City Commission meetings and newspaper editorials to express their outrage over the city's attempt to regulate the open-air homeless feeding events.

Some residents have thanked Mayor Keith James and commission members

Many residents are grateful for the city's decision.

"Citizens of the downtown area are also mobilizing in support of the councils reasonable and sensible decision," West Palm Beach resident John Kostyo wrote in response to Food Not Bombs' call for mobilization. "I've asked Food Not Bombs many times to give me your home address and we will gladly bus homeless to your neighborhoods where you can feed and house them without having to come down here. But like always, I never get any response."

Food Not Bombs posted its response: "Wrong enemy. Your mayor says he spends $5M annually to 'help the homeless.' Can you name anything he's accomplished with $20M in the last 4 years? Other than criminalizing groups trying to help, of course."

James declined to comment on Bonavita's ruling, with the city's director of communications citing the city's practice of not commenting on ongoing legal matters.

Wayne Washington is a journalist covering West Palm Beach, Riviera Beach and race relations at The Palm Beach Post. You can reach him at wwashington@pbpost.com. Help support our work; subscribe today.

This article originally appeared on Palm Beach Post: West Palm Beach alters ordinance on feeding the homeless in city parks