The city (in particular, the mayor) argue that operating the feeding stations on the parkway "could rob homeless people of dignity, spread food-borne disease, and degrade the park with trash and human waste." The religious organizations claim that this is a red herring because they have been certified after taking the city's food-sanitation course, and clean the area. They claim that the city is trying to take over the feeding by funneling the homeless into inside operations run by the city, but point out that the city lacks the necessary facilities to handle all of the homeless. The city responded with a proposal for a temporary transition, letting the organizations do outside feedings in the city hall plaza. The religious organizations reply that the feedings need to take place where the homeless live, and that this is a matter of religious principle for them.
Others - including commentators not connected with the organizations - claim that the entire issue is a desire by the city to move the homeless people who live on the parkway to other locations. The parkway, for those not familiar with the city, is one of two grand avenues of culture, with the Art Museum at the head, the Franklin Institute, the newly relocated Barnes Art Museum, several other museums, the Roman Catholic cathedral, etc, gracing the parkway (the other avenue is the Avenue of the Arts - Broad Street - with concert halls and some other institutions). In his testimony, the mayor denied that the relocation of the Barnes was a factor, claiming that his goal to end homelessness has existed for decades, and that feeding the homeless doesn't end homelessness but perhaps even enables it. During his testimony, to quote the article, "Nutter testified somberly and described his opposition to feeding homeless people in public in religious terms, as 'a calling.' " That seems to infuse the case with the additional question of whether the mayor is injecting HIS theological beliefs (about how to deal with homelessness) into the dispute. That opens up interesting questions about dealing with the private theological beliefs of a public official that color or even morph into the official's political positions. Are they protected? Are they relevant to the issue? It's unclear how the city's health and safety concerns are alleviated by moving the feeding areas from the parkway to city hall plaza. The only difference is that it relieves the parkway of trash and waste, but city officials testified that their goal was not to remove the homeless from the parkway. According to another article, a pastor of one of the organizations explained in her testimony that the congregation holds worship services at the location where they subsequently feed the homeless. The ordinance bans feeding, not worship. But what if the feeding is considered by the religious organization to be part of worship? (I don't know if it so thinks or believes, and it doesn't appear as though that question was asked or answered.) In some respects, the case seems to involve a variety of contested factual questions. What is the city's goal and purpose? Is it really trying to regulate public health or is it trying to accomplish something else? Is there less risk of food contamination if the feedings occur at city hall plaza rather than the parkway? How does moving the feeding locations improve the dignity of the homeless? That would suggest the case is one that turns on the facts. Yet the U.S. District Judge hearing the case said, when setting oral argument for tomorrow, "This may be a little more complex than it seemed before." But that doesn't necessarily mean it's more challenging than a final exam question in a First Amendment course. Jim Maule From: [email protected] [mailto:[email protected]] On Behalf Of Finkelman, Paul <[email protected]> Sent: Wednesday, July 11, 2012 10:40 AM To: Law & Religion issues for Law Academics Subject: RE: Ban on Feeding Homeless Is this a standard, time, place, manner restriction with pretty standard "police powers" to regulate public health? Would the church members be allowed to hold a public march on the same parkway, or leaflet cars on the parkway? This story almost sounds like some final exam question in a First Amendment course. ---------------------- Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, NY 12208-3494 518-445-3386 (o) 518-445-3363 (f) www.paulfinkelman.com From: [email protected] [mailto:[email protected]] On Behalf Of James Edward Maule Sent: Wednesday, July 11, 2012 10:35 AM To: Law & Religion issues for Law Academics Subject: Ban on Feeding Homeless For those not picking up on Philadelphia area stories, this might be of interest, perhaps especially to those researching and writing in the area. For some time, religious and other organizations have been feeding homeless people at outdoor sites in Philadelphia. Citing public health and other concerns, the city banned the practice. The religious organizations have challenged the ban, claiming that it violates their (and their members') First Amendment free exercise rights ("What they will not compromise on, however, is what they described as a God-directed mission to minister to the needs of homeless people where they live - on the parkway.") Yesterday testimony concluded, and oral argument will now take place. Enforcement of the ban has been stayed pending the litigation. http://www.philly.com/philly/news/breaking/20120710_Nutter__Ban_on_feeding_part_of_plan_to_end_homelessness.html Jim Maule Professor of Law Villanova University School of Law [email protected] http://vls.law.villanova.edu/prof/maule
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