12 volunteers charged with misdemeanors in California for defying ban on feeding homeless

At least 12 people were charged with misdemeanors in El Cajon, California on Sunday after they distributed food to homeless people at a neighborhood park.

A volunteer organization called Break the Ban had set up tables at Wells Park on Sunday and started offering breakfast bars, fruits, hygiene supplies and socks to homeless people.

However, El Cajon police wrote up citations to each person distributing food, including 14-year-old Ever Parmley, and charged them with misdemeanors for violating the city's municipal code prohibiting food sharing in public spaces.

According to NBC 7, the 12 people who received citations are now planning to take legal action against the city.

"If I'm going to be arrested for something, let it be for feeding the homeless. I'm not going to apologize for doing the right thing," said Matthew Schneck, who was cited Sunday.

City officials argued that the ordinance was meant to protect people from Hepatitis A, which has mostly affected homeless people or drug users, by preventing the person-to-person transmission of pathogens. But some believe that the ordinance was an attempt to get the homeless out of the city.

"It was really a disguise," said attorney Scott Dreher, who represents the 12 people cited. "People were complaining homeless people will come to the park if you give them free stuff," he added.

The City of El Cajon has stated that the ordinance is meant to be temporary until the emergency declaration for Hepatitis A is lifted.

The Guardian noted that the Hepatitis A outbreak has already claimed the lives of 20 people and has prompted mass vaccinations and the bleaching of streets. Nearly 600 people in the country have been infected with the disease, which is spread via fecal contamination.

In a statement, the city noted that there are over a dozen locations in the area that feed homeless people.

Dreher argued that the ordinance also restricts the people's free-speech rights. "It prevents me from exercising my right to share food with those people in need, which is an expression of speech by action," he said.

"There are other, non-first-amendment-restrictive, ways to accomplish the city's stated goal of preventing the spread of hep A, namely, by cleaning up the parks and providing and encouraging use of public restrooms and hand-washing," he added.

Dreher is planning to file an injunction against the city as well as motions to dismiss the misdemeanor charges against the 12 volunteers.

The volunteers who were cited will have scheduled court dates and could face a $1,000 fine and jail time.