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San Clemente council declines to introduce ordinance restricting food distribution on public property after heated debate
Summary
The San Clemente City Council voted to decline introduction of a proposed ordinance (chapter 8.26) that would have required permits and sanitary measures for distributing food or drinks on public property, after lengthy public comment and council discussion about legal risk, public safety and community norms.
The San Clemente City Council voted on Feb. 18 to decline introduction of a proposed ordinance (proposed chapter 8.26 of the San Clemente Municipal Code) that would have regulated the distribution of food and drinks on city-owned property.
The measure drew more than an hour of public comment and extended council debate focused on public safety, legal exposure and the effect on faith-based groups and volunteers who feed people experiencing homelessness. Jennifer Massey urged the council during public comment: “Please vote no on measure 10a.” Catherine Moore, a local attorney and commenter, warned the council the ordinance would be legally vulnerable and said passing it would invite lawsuits that the city would likely lose.
Supporters in the audience and several residents called the proposal immoral and unconstitutional, arguing the act of feeding the hungry can be a religious exercise. Several speakers cited federal case law and the First Amendment…
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