Tag Archives: Shere Dore

The City of Houston responds to homeless man ticketed for searching for food in a garbage bin

Mr James Kelly was issued a ticket last week for “Disturbing the contents of a garbage can in the downtown business district.” This is a story that has gone viral, worldwide. People as far as the United Kingdom, have expressed their outrage concerning the Houston Police Department and Mayor Parker. The community has rallied together to show support for 44 year old Kelly who has only been in Houston a short time when he was issued a citation. Kelly admits that there has been a few times that an unknown individual buys donuts and intentionally discards them into the garbage bin located at Herman Square Park, which is a public city park near City Hall. Kelly said he has been able to enjoy the donuts a couple of times and that morning, he was rummaging through the bin, in the hopes to find the donuts that this good Samaritan leaves behind. This is when Office Richards approached Kelly and issued the ticket that has the public in shock and upset with the city.

City of Houston Police Chief Charles McClelland said he understands the public’s outrage but is defending his officer for issuing the ticket.

“I certainly understand the sentiments, but we still have to protect the homeless and we want them to be safe. There are certainly many places that provide food so people don’t have to dig through a trash receptacle,” said McClelland. He continues to say, “When someone is getting food out of the trash, it could be contaminated. We don’t want anyone to get sick or die.”

However, in early 2012, hundreds of citizens flocked to weekly city council meetings concerning the anti-food sharing ordinance where Mayor Parker and council members argued that they implemented the ordinance for food safety concerns. When Parker and council were asked repeatedly for evidence that would back up their claim, Parker and council admitted that there had been no testing nor reports that homeless fell ill due to inadequate food. If the city hasn’t initiated a test study on homeless who get sick due to tainted food by charitable giving, more than likely the city has not initiated test studies for tainted food left in garbage bins. The city’s excuse that they are concerned that the homeless will get sick or even “die” is just that, an excuse. It is election season where Mayor Parker looks to win her 3rd term. Any comment led by city officials concerning Kelly and this unknown garbage digging ordinance will result in the city acting like they are “concerned” however, actions speak louder than words.

Originally, the city had no comment the day following the public outcry concerning Kelly’s citation. After the city did some digging to try to save their image, they city came back stating that there was a charitable food sharing that was held downtown, around the same time that Kelly had received his ticket. But, how would Kelly have known about this food sharing? In meeting with the Houston Homeless Coalition last year, several advocates attended and asked specific questions concerning information hubs, that would certainly assist the homeless every day from where they can receive medical help, food, showers, shelters, housing but to date, the city has yet to set up these hubs in public places nor have they made these items available to homeless advocates and food sharing charities. How would Kelly have known that there was a food sharing in downtown Houston since these hubs have been denied to all involved? You would think that if Mayor Parker and the city leaders truly cared for the homeless, they would be working overtime to see that their needs are met in ALL WAYS. All these avenues have been brought up to the city in assisting the homeless and to date, Mayor Parker and the city continues to ignore advocates.

Days following the Kelly citation, the Houston Police Officers’ Union has stepped in and made a public statement.

Ray Hunt, president of the Houston Police Officers’ Union, said tickets for violations of the ordinance are written only in response to complaints that garbage has been removed and left outside of trash containers.

“I know on the face of it, it sounds very cruel,” the union leader said, stressing that most police officers would not cite someone for simply taking food from a dumpster.

“It’s not officers being inhumane,” Hunt said. “It’s police officers responding to citizens’ complaints about someone removing garbage from their garbage can, and leaving it on the ground. It’s creating a mess.”

It seems that HPD and the Union is working feverishly to clear themselves of their tarnished image. Citizens who may not be involved in activism or advocating for the less fortunate, may not be aware that there are already separate ordinances in place for the concern listed by Ray Hunt. Had Kelly littered after rummaging through the garbage bin, wouldn’t the citation indicate “littering” as well? Kelly has strongly implied that he never let a piece of garbage touch the ground and that he was merely sifting the contents when Officer Richards approached him. The citation was issued at 9:30 a.m. Kelly was located at a public park. It is safe to say that several people tend to leave garbage laying around the park area. In fact, littering was never the concern in this particular case. However, each time the city addresses the homeless, their top complaints are generally food safety, homeless getting sick and littering. For days, littering has not been a topic until Hunt steps in with a rebuttal to save HPD’s image while defaming Kelly’s.

The attack on the homeless is obvious. From anti-food sharing to citations issued to homeless who are simply looking for food. It seems as if Mayor Parker is not a fan of Houston’s homeless along with council members who stand by her and the Houston Police Department. This citation has citizens furious for two reasons: Bullying the homeless is a “no-no” and the citizens have never heard of the citation until Kelly’s story went viral. HPD and the City of Houston have both indicated that this ordinance is specific to the downtown business district which seems to include garbage bins in public parks, garbage bins and public parks which you and I, the tax payer, pays for.

A spokesman for the Houston Police Department said its officers issue several citations for violations of the ordinance on a weekly basis, while Gwendolyn Goins, spokeswoman for the city municipal courts, said city prosecutors estimate such CITATIONS ARE WRITTEN LESS THAN ONCE A MONTH. As it seems again, HPD is once again, twisting the truth.

Could Officer Richard’s issued a warning to Kelly and let him on his way? Yes. Officer Richard’s did not and since then, the city has been scrambling to point fingers on everyone but themselves. It is time that citizens recognize that fear breeds ignorance. For some reason, the city fears these homeless men and women who have fallen on unfortunate circumstances. This is why the city is working to safeguard themselves and the downtown district from the homeless. These are members of society left out in the cold streets in a city operated by leaders who refuse to appropriately handle their circumstances and would rather smoke them out of the downtown region by favoring the builders and corporate interest rather than working for the citizens of Houston in helping the homeless humanely. This is why 34,000 signatures petitioning the anti-food sharing ordinance went ignored by Mayor Parker. Each voting citizen should be asking themselves right about now, “Should I be voting for a Mayor a 3rd term who has blatantly attacked the homeless in this manner?” It is one very serious question each should be asking during election season. If Mayor Parker is capable of bullying a defenseless group, then she is capable of doing just about anything. It is like the bully who picks on the student in school who is bound to a wheelchair, considered special ed (by district standards) and cannot defend him/herself. Mayor Parker has proven to be no different.

Kelly’s court date is next month and is represented by civil rights attorney, Randall Kallinen who has also been vocal in defending Houston’s homeless and fighting the anti-food sharing ordinance. I will continue to keep you posted as the story continues.

Federal lawsuit filed against the City of Houston concerning the Anti-Sharing Feeding Law passed by Mayor Parker & City Council earlier this year

The Christmas holidays are now over. Several groups have packed up and exited locations in the Houston area where several charitable groups stood for several hours on Christmas day, feeding hundreds of Houston’s needy. This season is much different than seasons in the years past. April 2012, Houston’s Mayor Annise Parker along with council members Jerry Davis, Ellen Cohen, Wanda Adams, Ed Gonzalez, James Rodriguez, Mike Laster, Larry Green, Stephen Costello, Andrew Burks and Melissa Noriega voted in favor of the ordinance that has made it illegal for any one person or more, to feed 6+ people in need of food. Council members Helena Brown, Mike Sullivan, Al Hoang, Oliver Pennington, C.O. Bradford and Jack Christie voted against it.

To date, several Houstonians are in disbelief that this law is in effect. Many more are upset because Mayor Parker has refused to address the 34,000 signatures that were turned over to the City Secretary nearly 4-months ago. Several inquiries have been made to Mayor Parker concerning the petitions and each have been met with silence as Parker continues to ignore the citizens of Houston just as she and council did months before they passed the anti-food sharing ordinance. This year, any group including individuals who wanted to feed the homeless in the city, on public property and was to feed more than 5-individuals, had to do so with Mayor Parker’s written permission, permission that can take weeks to obtain. If you suddenly had the will to serve anyone in need of food and legally share your food, you would have to wait weeks or else face the risk of fines from $500 – $2,000 or even worse, arrest.

Fed up with the waiting game that comes by Mayor Parker’s office, Paul Kubosh along with his family, have filed a federal lawsuit against the City of Houston for violating their Constitutional Right to give, feed, etc. The First Amendment holds religious freedom, freedom of speech, freedom to peacefully assemble and so on in which this lawsuit would generally qualify under federal protection. Houston’s Civil Rights Attorney, Randall Kallinen, is representing the Kubosh family which also includes two high school students who are the son and daughter of Paul Kubosh. The teenagers expressed how blessed they were to have so much and unfortunately so many others do not have the same luxury. In turn, these students give up their free time to feed the homeless on many occasions rather than ignoring the needs of others. However because of this new law, the Kubosh family risks the same fines and arrests that has so many hesitant in giving.

After the law passed, several including myself, flooded city council meetings asking for Parker to respect our right to petition the law by having the city count and verify the signatures. Each council meeting was met with complete arrogance, distain for Houston citizens and without appropriate answers. Several requested that the city allow the voters be allowed to determine whether the law should be reversed. Mayor Parker bluntly said NO, citing that the city didn’t have time to count the signatures when in fact; the city had plenty of time to count and get the ordinance on the ballot. Media silence has since followed this issue. Press conferences have been called as media falls back on the issue. Parker & the city continue to ignore emails requesting feedback on the petition. Many question: Why would she do this?

Simply put, this year Mayor Parker is up for re-election. Parker is looking to save her image. Shortly after Parker survived criticism concerning the feeding ordinance, Mayor Parker was seen on the front page of a local newspaper with a smile on her face, as a homeless veteran stood next to her during a photo op and announcement that through homeless organizations in the Houston area, this vet now had a home. A great save to an unsettling muddy image of a Mayor who could be so heartless to wage war on defenseless hungry people. I expect to see further media blackouts where it concerns this ordinance and I am certain Mayor Parker will utilize the media at her disposal in an effort to wipe up all the dark spots she has concerning her image. While I am not the only person who feels as such, this is about as low as one could go as a politician, picking on the defenseless to satisfy the greed of others.

(Photographs by Burnell McCray)