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Another Infuriating Crackdown on Sharing Food With the Homeless


Auburn85

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http://reason.com/ar...sharing#comment

Baylen Linnekin

"Do good Samaritans get tickets in San Antonio?" asked chef Joan Cheever last week.

"Yes," replied Mike Marrota, the police officer to whom Cheever had directed the question. Marrota, who was joined on the scene by a trio of fellow bike cops, then handed the good Samaritan a ticket. For $2,000.

Cheever's alleged offense? Sharing restaurant-quality food with the homeless and less fortunate "without a permit."

More at the link.

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I'd take them to court and sue over a violation of the free exercise clause.

Interesting idea, but not sure that the policy fails the Sherbert test. (Ironic, since we are talking about food) It would depend on what level of scrutiny they check in the first prong- Even if they use strict scrutiny, generally applied laws often fail to constitute a burden on free exercise.

Even if it did fail the first prong, the government can still burden someone's free exercise and not run afoul of the Constitution so long as the burden is within the frame of a compelling interest to the state (which these laws, as bad as they are, certainly do constitute a compelling interest) and narrowly tailored (is it the least restrictive means, or can no other alternative method can avoid the infringement and still achieve the same results to the states' end?).

Granted, if the 2000 is actually under a code enforcement provision (for instance, unlicensed food handling/distribution) then you've got no chance under free exercise. Maybe, MAYBE (as the author noted) there's a shot under assembly, but it's a long shot because assembly is still allowed to be limited by the state by time, place, or manner or to get a permit (which the state can then, as well, set limits on what they issue a permit for and make the scope very narrowly defined).

All legal mumbo-jumbo aside, though, I hate these laws - neither someone who is in need of help nor someone who is willing to do so should be punished for it.

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Then I'd engage in civil disobedience.

Used to sling'em cigarettes back when I smoked. Sticking it to the man. :cool:

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Then I'd engage in civil disobedience.

I'm down, when do we start?

While I'd love to hop a plane to San Antonio to do that, I'll have to just do my part in my section of the world. And donate some money to her legal case.

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Too much competition for the government and their chosen ones.

Bingo! Can't let people think they can make it without hand outs from barry!!!
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