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Hays council, citing liability, declines request to host food pantry on city property
Summary
After staff and legal review, the council accepted advice that hosting a food pantry on city property would create city liability; the council said residents or 501(c)(3) groups may operate pantries on private property instead.
A resident asked the council to allow a food bank, pantry or 'free fridge' on city property. Staff and community volunteers described donation plans and pickup sources, but staff said refrigerators and freezers placed outdoors on city property do not meet USDA or electrical-code standards. "We cannot house it on city property," the Chair said, noting the city attorney and TML advised that hosting a pantry on municipal property would be a liability.
Rose McCorkle summarized research on models elsewhere and noted the Central Texas Food Bank and local volunteers could provide donations, but she and staff said the city’s liability and code requirements limit what the city can host. Under a motion made on the floor and seconded, the council voted to decline permitting a food pantry or free-fridge on city property and directed staff to provide residents with a list of alternative community resources and organizations that already serve families in the area.
The council referenced existing local resources, including a weekend distribution that serves more than 100 families in the area, and said staff would post the list of available services on the city website. The decision was presented as one based on attorney advice and operational constraints rather than a judgment against the idea of community food assistance in general.
