HOUSTON — A group of volunteers fighting to feed the homeless each week in downtown Houston said they will not go down without a fight as long as people in the area remain in need.
Outside the Houston Public Library, a sense of unity and pride is what motivated the dozens of volunteers who gathered with the organization "Food Not Bombs."
"Where there’s unity, there’s always victory," volunteer Phillip Picone said.
For Picone, who’s been feeding the homeless for years at the corner of Mckinney and Smith, Sunday was a victorious celebration after he said he won a criminal trial Friday after he was charged with violating a city ordinance.
"There was just only very few people who were for this law, mainly downtown developers," attorney Randall Kallinen said.
The recently adopted ordinance (CC 1602) requires groups to get permission from property owners if they feed more than five people in any given area.
"It criminalizes the Samaritan for giving," attorney Paul Kubosh, who's representing the volunteers, said.
At least 45 volunteers said they have been ticketed for violating the law outside the library.
"Maybe (Houston) Mayor (Sylvester) Turner needs to look at this first victory and maybe reevaluate his approach," Picone said.
KHOU 11 reached out to the mayor’s office, which sent us a statement from the City of Houston Attorney Arturo Michel:
"The City of Houston intends to vigorously pursue violations of its ordinance relating to feeding of the homeless. It is a health and safety issue for the protection of Houston’s residents. There have been complaints and incidents regarding the congregation of the homeless around the library, even during off hours. No municipality prevails in every prosecution of a category of violations. Houston prevailed in the first matter and expects to do so in several others. The City has carefully balanced competing concerns, ensuring through its own program and though its significant allocation of funds that there are alternative, nearby feeding locations that have been well attended and well received."
"As long as they’re writing tickets, we’re going to fight them, everyone one of them," Kubosh said.
There are more than 30 volunteers still waiting to have their cases heard, according to Kubosh. Those trials are set for Thursday morning in the 11th Circuit Court of Appeals.
The city is providing a dedicated, alternative charitable food service at 61 Riesner St., a location the city said has the infrastructure and amenities needed to provide services and food to Houstonians in need.