Church Feeding Homeless Denied Preliminary Injunction Because No Harm Imminent

In Compassion Church, Inc. v. City of Davenport, Iowa, (SD IA, Oct. 16, 2017), an Iowa federal district court refused to issue a preliminary injunction to prevent interference with a church serving breakfast to the homeless each day.  While in April zoning officials had issued a cease-and-desist order requiring the church to stop serving meals until it obtained rezoning, in May the city informed the church that it would not enforce the cease-and-desist order.  It also told the church that serving breakfast to the homeless was consistent with its current zoning classification.  The court concluded that plaintiffs had not shown the threat of irreparable harm since enforcement against it was unlikely.  Quad-City Times reports on the decision.

Homeless Shelter's Challenge To Permit Revocation Dismissed As Not Yet Ripe

In New Life Evangelistic Center, Inc. v. City of St. Louis, Missouri, (ED MO, Oct. 27, 2015), a Missouri federal district court dismissed as not ripe a lawsuit by a Christian church seeking to continue to operate its homeless shelter. The city's Board of Public Service voted to revoke the shelter's 32-bed hotel permit when, after receiving a petition from neighbors, it found that the shelter was housing up to 300 individuals per night.  The shelter however was given the option of coming into compliance with its license or obtaining a new appropriate permit.  The church responded by suing for a declaratory judgment and injunction, alleging that its rights under RLUIPA and the 1st and 14th Amendments had been infringed. However the court concluded:

at the time New Life filed this litigation, it had several options before it which made any claimed injury contingent on several possibilities and fairly speculative. Although the grace period in the Board's Order has elapsed, the Court finds that Plaintiff cannot escape the requirements of either appealing the Board's Order or proceeding with the filing of a new application as required by the Board's Order simply by prematurely filing a case in federal court.

Texas Chef Says Feeding Homeless In Park Is Protected By State's RFRA

San Antonio, Texas chef Joan Cheever was cited by police earlier this month for feeding the homeless in the city's Maverick Park.  According to a report last week by My San Antonio, Cheever has been serving restaurant quality food to the city's homeless for the last ten years. She has a food permit for her non-profit mobile food truck known as  Chow Train, but police cited her for transporting and serving the food from another vehicle.  The ticket carries a potential fine of $2000. At her June 23 court hearing, Cheever will argue that her activity is protected by the 1999 Texas Religious Freedom Restoration Act.

Dallas Eases Restrictions On Feeding of Homeless; Settles Lawsuit

Last year, a Texas federal district court held that Dallas'  Food Establishment Ordinance imposing strict requirements on organizations feeding the homeless violates the Texas Religious Freedom Restoration Act. (See prior posting.) On Wednesday Dallas City Council, as part of a  settlement of the lawsuit, adopted amendments lightening the burdens on those feeding the homeless.  As reported by Think Progress:

The original Dallas ordinance required charities that wished to feed the homeless to provide bathrooms and running water, effectively restricting the groups to a handful of sites rather than allowing them to go to where the need was greatest. It also required them to register with the city no matter how large or small their food program might be, with the threat of a $2,000 fine for violators.....

Instead of running water and hand-washing facilities, street feeding programs may now use hand sanitizer. They only need to notify the city if they plan to serve more than 75 people, and must abide by some basic food safety guidelines.

According to the Dallas Morning News, the city also voted to pay a total of $250,000 for damages and attorneys fees to to Big Hart Ministries Association and Rip Parker Memorial Homeless Ministry.