Lauderdale activist wins fight to feed homeless
By LISA J. HURIASH
June 14, 2000
His mind is already spinning, planning his first gourmet dinner on the water's edge in more than a year for the city's homeless residents.
"Maybe spaghetti," Arnold Abbott says out loud. "Beef-a-roni. Probably hot salmon, a rice-and-ham dish, veggie casseroles -- freshly steamed. And a tossed salad and fruit salad and candy and delicious drinks.
"It will be a wonderful meal."
It will be served to the city's homeless, congregated around picnic tables on the public beach across from the Radisson Bahia Mar on Wednesday, after legal wrangling with Fort Lauderdale City Hall ended in Abbott's favor.
Broward Circuit Judge Estella May Moriarty ruled on Wednesday that Abbott is "motivated by a religious belief" to feed the homeless, a motivation that is illegally and substantially burdened by the city's permit requirement.
The judge ordered the city to stop enforcing the regulation and said Abbott must be allowed to feed on the beach until the city either chooses a different site on public property or amends its zoning codes.
Abbott, 76, of Fort Lauderdale, is the founder of a program called Love Thy Neighbor.
He sued for the right to resume the beach feedings that he began in 1991 and continued until April of last year, when officials threatened him with arrest and said they preferred to have the homeless use the newly opened downtown Homeless Assistance Center.
City officials had said it is illegal for someone to perform outdoors a social service such as offering medical assistance, food or clothing.
At his trial last month, Abbott had a religion professor from Palm Beach Atlantic College testify that the world's three major religions all require charity to the poor. Abbott, who is Jewish, said he follows the teachings of Jesus.
"I told you God is on our side, but he's not subpoena-able," Abbott said gleefully after reading Moriarty's ruling Wednesday afternoon.
"The homeless have a right to enjoy a beautiful meal in a beautiful setting."
It is too soon for city to decide if it will file for an appeal, said Fort Lauderdale Assistant City Attorney Stephen Scott.
But the City Commission on Tuesday is still likely to try to suggest alternative locations for Abbott to feed, said Fort Lauderdale City Manager Floyd Johnson.
"Our beaches, our parks, are our most valuable assets and we would like to have them continue to be viewed as such," Johnson said.
But John David, Abbott's attorney, said Abbott would not likely be too keen on any place that is not downtown. Unless both sides agree on an alternative, at 5 p.m. Wednesday, Abbott will be plunking down food on paper plates for the homeless at the beach, he said.
"For once in a long time, the disenfranchised homeless people have a voice in the American judicial system," said David.
"It proves you can beat City Hall," Abbott said. "I'm absolutely ecstatic."
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