On The Front Lines
Federal Court Prohibits Las Vegas Officials from Banning the Feeding of the Homeless in Public Parks
LAS VEGAS, Nev. -- In response to briefs filed by The Rutherford Institute and a number of concerned organizations in defense of the rights of people of faith and homeless activists to assist the poor by providing them food, a federal court has banned the enforcement of a Las Vegas ordinance that prohibits individuals from feeding the homeless in city parks. In his ruling, Judge Robert Jones of the U.S. District Court for Nevada indicated that the Las Vegas ordinance goes too far by infringing the constitutional rights of those who wish to serve the poor through a meal ministry.
"This ruling is a victory for the rights of individuals of faith to serve the less fortunate," said John W. Whitehead, president of The Rutherford Institute. "We hope that Las Vegas city officials will abide by the spirit of this ruling and respect the right of religious individuals to exercise their religious beliefs by caring for the hungry, homeless and less fortunate in their community."
In July 2006, the Las Vegas City Council amended city ordinance LVMC13.36.055, making it illegal to give food to an indigent person in a city park. Defining an indigent person as "a person whom a reasonable ordinary person would believe to be entitled to apply for or receive" public assistance, the law imposes a fine of up to $1,000 or six months in jail on those who violate it.
On August 10, 2006, three human rights activists were fined under the city's ordinance for feeding the poor in a Las Vegas park. In response, Rutherford Institute attorneys filed a brief with the U.S. District Court for Nevada, asking the court to declare the ordinance unconstitutional. While the Institute's brief argued that the ordinance violates the First Amendment rights of individuals who feel compelled to express their religious views by caring for the poor, including providing them with food and water, it also pointed out that the ordinance undermines decades of federal court opinions, including a U.S. Supreme Court decision. The federal court ruling permits individuals of faith and homeless activists to resume their service to the poor. However, Las Vegas city officials have intimated that they intend to draft new legislation to discourage the homeless from gathering in city parks.
