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# Suit delays enforcement of food line laws
- URL: https://www.smdp.com/suit-delays-enforcement-of-food-line-laws/
- Published: 2003-07-10T15:00:00.000Z
- Updated: 2026-10-23T02:30:38.000Z
- Author: Carolyn Sackariason
- Tags: Crime, Santa Monica, #archive-import, Homeless

*File photo Long lines are common in Palisades Park, where social service groups hand out free food. City Hall wants to require the groups to obtain permits. Training for food distributors complete, but law not enforced*

It could be several months before City Hall enforces a law passed last fall that’s designed to regulate food lines for the homeless.

Homeless advocates in January filed a federal lawsuit challenging the constitutionality of the law, which gives police the ability to break up food distribution programs that lack permits from both the Los Angeles County Health Department and the city.

The lawsuit seeks a preliminary injunction and will be heard by a federal court judge this month. The judge also will review City Hall’s motion for summary judgment, which asks that the suit be tossed out with no trial.

If the motion for an injunction is denied, it will be appealed to the Ninth Circuit Court of Appeals, said Carol Soble, a local civil rights attorney who is litigating the case. If the matter is appealed to the high court, it could be months or years before a final decision is made.

“We are right on the law and right on the facts of this case,” she said. “But I recognize that judges don’t always rule the way they should and then we’ll have to take it up on appeal.”

City Attorney Marsha Moutrie said while she believes City Hall will prevail in the case, local officials don’t take constitutional right infringement allegations lightly. She added that constitutional lawsuits are taken extremely serious because they challenge legislative action.

“We had planned to be warning and citing people by now but we aren’t because we are being sued,” she said, adding that it’s not uncommon to postpone enforcing laws until the courts decide whether or not they are constitutional.

> “We had planned to be warning and citing people by now but we aren’t because we are being sued.” — — MARSHA MOUTRIE Santa Monica City Attorney

City officials say the ordinance, which was passed by the Santa Monica City Council last October, doesn’t create any new barriers to food lines but does allow for laws that are already on the books to be enforced.

Santa Monica also plans to enforce an existing law that restricts large groups to distribute food only three times in a 90-day period. The city also requires that groups over 150 people get a permit from City Hall to use public spaces.

A city staff report has indicated that as many as 30 private groups distribute thousands of meals each month and that serving meals on the street could pose “significant public health risks” because sanitary facilities are not readily available. The food distribution lines also attract large crowds, which unfairly dominate public parks, city officials argue.

Some have argued the City Council adopted the law because it was under political pressure by residents and business owners who say the homeless roam downtown Santa Monica partly because they can get free food.

By enforcing the already established laws, some people — including business interests and residents — hope many of the food distributors will disappear from Santa Monica and the food lines will become less frequent.

Homeless rights advocates say the law gives the city unilateral power to deny large groups to set up in the city’s parks, violating the constitutional rights of the charities and religious organizations that run the programs, among others who want to use the public space.

“This is not a law about feeding the hungry and homeless, this is about the freedom of exercising your expression,” Soble said.

> “This is not a law about feeding the hungry and homeless, this is about the freedom of exercising your expression.” — — CAROL SOBLE Local civil rights attorney

Many volunteers of various food distribution programs said they don’t believe the city is trying to protect the health of the homeless with its new law. They believe the city enacted its ordinance to help clear the city of its homeless.

County health officials have said they welcome the city’s controversial new law and say there is a need to better monitor outdoor food distribution programs.

City and county officials have met with operators of the food program as part of a training effort designed to teach them how to comply with state health standards.

However, Soble said the training was-n’t necessary because many of the providers distribute prepackaged food.

“They did those trainings and they walked out more confused,” she said.

With the training effort complete, both sides await the judge’s ruling. Meanwhile, there are still food lines in front of City Hall every Saturday and a few held in Palisades Park throughout the week that are not being monitored.

City officials’ goal is to tie the free meal programs to the city’s social services so the homeless aren’t just getting a free meal, but also using the programs designed to lift them off the streets.

But Soble hasn’t seen any evidence that city officials are looking for ways to connect food and services.

“We’re still waiting,” she said.

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/071003-01_01.jpg)

lines are common in Palisades Park, where social service groups hand out free food. (Photo: File photo Long)

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/071003-01_02.jpg)

lines are common in Palisades Park, where social service groups hand out free food. (Photo: File photo Long)

*Originally published in the Santa Monica Daily Press print edition on July 10, 2003.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/071003.pdf?ref=smdp.com)