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# Law would make leaving food for homeless illegal You gonna eat the rest of that?
- URL: https://www.smdp.com/law-would-make-leaving-food-for-homeless-illegal-you-gonna-eat-the-rest-of-that/
- Published: 2007-05-08T15:00:00.000Z
- Updated: 2026-10-24T00:42:55.000Z
- Author: Kevin Herrera
- Tags: Community, Santa Monica, #archive-import, Homeless, Homelessness

*Leaving donations at city parks disputed*

REED PARK After leaving a community meeting at the Miles Playhouse, Julie Rusk saw a woman remove a half-eaten salmon from the trunk of her car with the intent of leaving it on the grass in hopes that some of the homeless might enjoy it.

While donating is always encouraged, the city’s human services manager had to tell the woman that what she was doing was wrong, and could soon be illegal.

“Really, she was just trying to find a direct way to help people and not throw out food,” Rusk said. “I understand that desire to not want to be wasteful and to help people too, but leaving it at the park is really not the best way to have food stored safely and distributed to people.”

People looking to lend a helping hand, as well as clean out their pantry and closet, continue to drop off food and clothing at local parks, especially Reed Park. Sometimes, large amounts of leftovers from professionally-catered events have been left as well, creating a health risk, officials said.

To protect public health and aesthetics, while guarding against rodents and other infestations, the City Council is considering banning the practice of leaving food, clothing or other property unattended.

“We feel like we have a very established network of service providers where people can make donations and those who need help can get more than just a meal for today, but can access a comprehensive set of services that will help them tomorrow,” Rusk said.

If approved, the ordinance would become effective 30 days after adoption. Violation of the ordinance would be a misdemeanor. Signs would be posted to notify the public of the law.

The move seems to be an extension of an ordinance passed in 2002 requiring groups to get permits before holding public feedings. The controversial ordinance, which has been embraced by local businesses and drawn fire from charities, was passed by the council in response to the large groups of people that regularly receive free food from charity groups at Palisades Park and in front of City Hall. It requires organizers to obtain permits from the Los Angeles County Health Department and City Hall for gatherings of more than 150 people, and gives police the ability to break up and cite distributors if they lack the proper permits.

Homeless rights activists say the law steps on the constitutional rights of charities and other organizations by giving City Hall unilateral power to block feedings in public parks. Santa Monica/Venice Food Not Bombs, a non-profit organization, challenged the ordinance in a federal court. The Ninth Circuit Court of Appeals ruled in August of last year that the law is constitutional.

Peggy Lee Kennedy, a volunteer with Food Not Bombs, said the latest ordinance is “penalizing people who want to help.”

“I find that a little bit shocking,” Kennedy said. “It just seems like such a waste of energy, which could be better spent on solutions to homelessness. We should be working with these people \[who drop off food\], not penalize them.”

Moira LaMountain, co-founder of HOPE (Helping Other People Eat), a non-profit that distributes food every Wednesday and Thursday at a facility on Colorado Avenue, takes both sides of the issue into consideration and believes City Hall is doing what is necessary to ensure public safety.

“Personally, I wouldn’t be comfortable using food left on the side of the road,” LaMountain said. “I don’t feel that it should be a crime. I guess one would just expect common sense.”

HOPE, along with Hand to Hand, recently moved their public feedings indoors after City Hall agreed to provide a space next to the OPCC Access Center.

John Maceri, executive director of OPCC, said it is always difficult to regulate donations and in doing so, not discourage people from giving.

But he understands the need. He too finds donated food sitting on the doorstep of the Access Center and he has to throw it away.

“The intent is good, but this is a situation where unintended consequences can have a very negative effect,” Maceri said.

Instead of dropping food off, people should contact agencies like OPCC, the Westside Food Bank or local churches where there are refrigerators to store the food properly.

“Nobody wants to waste food,” Maceri said,“but leaving it in a public place just isn’t the best way to go about it.”

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/050807-01_01.jpg)

of City of Santa Monica (Photo: Photo courtesy)

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/050807-01_02.jpg)

NO MORE: Homeless people will no longer be left food and other donations at city parks if a law being considered is approved. (Photo: Photo courtesy)

*Originally published in the Santa Monica Daily Press print edition on May 8, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/050807.pdf?ref=smdp.com)