Ruling kills feeding ban in parks

People can't be prohibited from feeding the homeless in city of Las Vegas parks.

U.S. District Judge Robert Jones has slapped a permanent injunction on that city ordinance.

But Las Vegas remains free to enforce its trespassing laws in parks, designate park areas for children's use only and require permits for park gatherings of more than 25 people.

The summary judgment in favor of Las Vegas was issued Wednesday by Jones. It's the latest development in a 14-month-old federal court action that set the American Civil Liberties Union of Nevada and advocates of the homeless against city laws perceived as unfairly targeting the indigent.

Arguments that the ordinances were selectively enforced and unconstitutional on several fronts failed to persuade Jones, who found that the plaintiffs had not met the burden of showing that discriminatory intent behind the laws existed.

ACLU General Counsel Allen Lichtenstein disagreed with Jones and said that he plans to file a notice of appeal within 14 days. The appeal would be heard by the U.S. Court of Appeals for the 9th Circuit.

"We have always believed that this case will ultimately be decided in the court of appeals," Lichtenstein said, noting that if Jones' decision had gone against the city, then the city would be the party challenging the judgment.

Las Vegas City Attorney Brad Jerbic was pleased by the outcome, which he said affirms the city's position that the trespassing ordinances were solely intended to discourage criminal behavior in parks. The ordinance allows city marshals to ban individuals from parks if they commit crimes on city property.

"It never had to do with being homeless; it had to do with conduct," Jerbic said.

Nevada ACLU Executive Director Gary Peck said he was heartened that Jones had struck down the anti-feeding ordinance.

"What is most disappointing is that the court either seemed to misunderstand or miss entirely the facts and legal precedents that should have controlled its decisions regarding our other claims," Peck said.

The battle between the city and the ACLU and homeless advocates such as Gail Sacco has been waged on several fronts during the past year.

In May, a city attempt to limit access to children's play areas in parks to those younger than 12 sparked accusations that the city really was attempting to restrict park access for undesirables.

That action was tabled until Jones delivered his judgment. Jerbic said the city will be able to reopen discussions on that proposal.

"In this case, the City has a significant government interest in protecting children and providing public parks for their safe enjoyment," Jones wrote in his order. "In numerous other contexts, courts have held that the protection of children from criminal, dangerous or highly controversial activity is a significant government interest."

Sacco, a plaintiff in the federal court lawsuit, has been cited multiple times for feeding the homeless in city parks. She has handed out fruit and bread, distributed water and fed groups with homemade pots of rice and beans.

Sacco said she is glad the ordinance prohibiting that has been permanently enjoined. But she is concerned that the city law requiring permits for large gatherings will lead to future problems.

It's hard to predict how many people will show up when she is at a park.

"I don't want to go to jail just for feeding homeless people," Sacco said.

She has never stopped feeding the homeless or the hungry, Sacco said.

The food is a way of reaching out to people and establishing trust, and once people are fed, they are open to accepting other forms of aid, such as finding permanent housing and jobs, she said.

"We aren't doing this to be arrogant," Sacco said. "We go where people are hungry. The food is a way to build a sense of community."

She said she will continue to challenge the city ordinances and support the ACLU in its appeal.

"We'll keep fighting it," she said. "What's right is right."