Feeding poor a `right,' judge told

By LISA J. HURIASH      
May 9, 2000


   FORT LAUDERDALE -- Arnold Abbott says he has a God-given right to feed the poor on the public beach.
   But city officials say social services aren't allowed outdoors.
   That debate continued in state court Monday, as trial began in Abbott's suit against the city seeking the right to resume feeding dozens of homeless people on the public beach across from the Radisson Bahia Mar.
   The well-known civil-rights activist and former Pennsylvania politician claims he has the right based on religious, and free speech and assembly grounds.
   Abbott, who is Jewish and says he follows the principles taught by Jesus, testified that serving food to the homeless "is part of my belief. … It's only right that people put human values before real estate values."
   He had offered feeds at the beach since 1991, despite prohibitions against "open air" social services, including the provision of food, clothing and medical care.
   However, the city did not enforce the law until last year, when the Homeless Assistance Center opened downtown.
   City officials say they want people to be encouraged to get the help they need at an established facility. Assistant City Manager Bud Bentley also testified that homeless people are apt to try to sell space at public picnic benches to residents and tourists.
   "The city fully acknowledges there is a homeless problem. We are not insensitive to that," said Assistant City Attorney Stephen Scott. "The issue is simply controlling where it [feeding] takes place."
   But Abbott's attorneys argue it's wrong for families to be permitted to gather at public picnic tables and eat, while denying their use to the homeless. They also argue there aren't many other places where Abbott can go. And they say the established social service providers don't have room for the city's estimated 1,000 homeless people.
   "We did depend on him," Samuel Knowles, 43, who had been homeless, testified for Abbott.
   The non-jury trial should end today, although Broward Circuit Judge Estella Moriarty may not rule immediately, attorneys said.
   Abbott said he remains optimistic he will be allowed to resume public feedings. "God is on our side, but we can't subpoena Him."

Lauderdale: Beach feeding fight not personal

By LISA J. HURIASH      
May 10, 2000

   FORT LAUDERDALE -- The city doesn't want the homeless to go hungry, it just wants to regulate where they eat, according to testimony Tuesday in state court.
    It was the second and final day of a civil trial stemming from a lawsuit filed by activist Arnold Abbott. His suit against the city challenges what he claims are unfair zoning rules that abridge his freedom of religion, speech and assembly by preventing him from feeding homeless people on the beach.
   Abbott, 76, of Fort Lauderdale, is the founder of a program called Love Thy Neighbor. He wants to resume the beach feedings that he began in 1991 and continued until last year, when officials said they preferred to have the homeless use the newly opened downtown Homeless Assistance Center.
   City officials say it is illegal for someone to perform a social service -- such as offering medical assistance, food or clothing -- outdoors.
   And they say they are not preventing Abbott from feeding the homeless at area churches.
   Assistant City Attorney Stephen Scott said the city's insistence that its law be followed is nothing personal. He said Fort Lauderdale could never be considered "cold-hearted," as it is already running numerous programs that cater to the homeless and working poor.
   He added that the city just wants the rule against outdoor social services to be upheld.
   "Local government is not required to solve the homeless problem," Scott said. "There isn't a city in the country that has solved the homeless problem. … What can a municipality do?"
   He answered his own question: "A municipality can develop zoning codes … for programs of this nature to exist."
   City officials recently offered to allow Abbott to offer food at Lockhart Stadium to end the lawsuit. But Abbott declined, saying it would be too difficult for the homeless to get there.
   There is no timetable for Broward Circuit Judge Estella Moriarty to render her decision in the non-jury trial.
   John David, Abbott's attorney, argued the city's rule against outdoor social services is too vague. Also, he said, Abbott is the only food provider for the homeless in the evening hours. Other groups require that to get food, residents must receive services through their programs. The Cooperative Feeding Program, which operates a soup kitchen for the homeless, has only morning hours.
   David said this was a case of a "little man with an unpopular cause" taking on the government.
   

After viewing the report on the local news and before reading the first article in the Sun-Sentinel, I sent Arnold an e-mail giving him my support as I have known him from the days I was living at Tent City and went to some of his feedings at various churches until I finally got housing in December 1999.

Below is the content of the e-mail by Arnold:

Dear John,   

  Just came back from a full day in court for the trial against Ft. Frauderdale. We finished our case about 3 PM and had to listen to an unbelievable littany of lies about the homeless activities on the Wednesdays of my feeding. According to them, there was a marked increase in shoplifting every Wednesday afternoon, and during our feedings, the homeless were heard to offer to RENT their picnic tables to "poor tourists" who had no place to sit. Also, they harassed the merchants to and from our feedings, and littered the beach like crazy, while Arnold only cleaned up his immediate area. Terrible, huh?

    At any rate their defense continues tomorrow, and although the overwhelming body of evidence favors our right to feed the homeless, and even though the city officials say all kinds of nice things about us, none of that means a thing -- the judge's decision will be based on the law -- either she will rule the law against feeding in the parks unconstitutional and we will win, or she will say the law stands and we lose. I say we shall win! Thanks for your support. We will update our website after the trial and our fund-raising art show are concluded. Regards, Arnold

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