FNB Legal

Andrew Rose (andyrose@autodesk.com)
18 Sep 1993 12:03:57


Food Not Bombs
3145 Geary #12, SF CA 94117 415 330 5050
tax ID 94-3111898 Coalition on Homelessness

Sept 17, 1993

There is absolutely nothing wrong with feeding the hungry and
protesting war and poverty. This is a basic human right.
Interference with volunteer efforts to address hunger and
violence is profoundly unethical.

The solution for the City of San Francisco to end the use
of bureaucratic terrorism against Food Not Bombs is
simple. The City must begin to obey the law.

California Health and Safety Code clearly states that
"cooperative associations" like Food Not Bombs are
not "food facilities" and are not required to have
an health and sanitation permit to feed the hungry.

Because Food Not Bombs is engaged in a protest highlighting
the misappropriation of resources on the military while
hundreds of people go hungry, the activities of Food Not
Bombs are protected by the first amendment of the US
Constitution and the Constitution of the State of California.

The City has come to the end of excuses for its campaign
of harassment against the volunteers and guests of Food
Not Bombs. To continue to spend hundreds of thousands of
tax dollars for the narrow political agenda of city officials
is particularly outrageous when so many basic services
are being cut.

The Board of Supervisors has the authority, as pointed
out by City Attny in Sept 93 memo, to amend the PARK
CODE. Section 7.03 should read
"Permits Required": No person shall without a permit
perform any of the following acts in the park:
(k) Sell food to persons except that no permit is
required when persons are feeding the hungry for
free or when a person participating in a picnic or
social gathering of 25 or fewer persons provides food
to others who are also participating in the picnic
or social event.

It's time the City stop its interference with Food Not
Bombs and the rights of the homeless. Food Not Bombs
should be left alone.

{rec'd July 1990 }

City and County of San Francisco, Recreation and Park Dept.
(affixed the seal of city and county of SF)

July 20, 1990

Mr. Keith McHenry
Food Not Bombs
3145 Geary Blvd #12
SF CA 94118

Dear Mr. McHenry:

On July 19,1990 at the 649th Regular Meeting of the San
Francisco Recreation and Park Commission, the Commission
heard and discussed an item on its Permit and Reservations
policy. The semi-annual review of the Permits and
Reservations Policy is mandated by Resolution 15585,
which states:
"The commission directs the General Manager and staff
to continue to evaluate the viability of these regulations
and to ascertain whether this scheme strikes the proper
balance between the recreational, Constitutional, and
property interest of San Franciscns heretofore mentioned
and the Commission's substantial interest in preserving
park property, limiting excessive noise and conjestion [sic]
and other police problems that may result from activities
on park property"

Contained within Resolution 15585 is Section I, Subsection IV:
{underlined} Regulations Governing Distribution of Free
Food to the Homeless on Park Property.{end} This section
details the terms and conditions necessary to obtain a
permit to distribute free food on park property. It also
contains a listing of the sites the Commission deems
appropriate for this type of activity.

Prior to the July Meeting of the Commission there were two sites
deemed appropriate for free food distribution on Recreation
and Park property. These sites were


the INTERSECTION of PAGE AND STANYAN streets in Golden Gate park.
{emphasis added by me, ANR, 'cause that's where were at '93}

Mr. McHenry, please be advised that on July 19, 1990 the
Recreation and Park Commission voted to ammend the Permits
and Reservations Policy and


the section of the policy that allows free distribution of food in
parks. This amended policy will not allow staff to issue any
subsequent permits to any organization for the purpose of
free food distribution on any park site.

If you have any questions concerning this issue,
please feel free to contact me.
Your cooperation in this matter is greatly appreciated.
Mary E. Burns
General Manager

Andrew Rose andyrose@netcom.com FAX   end killing

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