Buttonwood Buzz

The Buttonwood Tree was a buzz Sunday with a full day of art music and food. Some arrived in time for the delicious lunch prepared by Food Not Bombs and left after the last note was played, some nine hours later! FAITH McCANN described her art exhibit, "Dreaming" and mingled with patrons who came to see the paintings for the Artist's Reception. One could get lost imagining all the possibilities when looking at her work, which will be up through the end of November. Then JOE FONDA took the stage at 7 along with MIKE MUSILLAMI, RICKY ALFONSO, AL "ABU" CARTER AND TOM MONAGHAN for some jazzy musicand they were blazin' hot! The 5 of them were so tight and together it just worked incredibly. They jammed, jazzed, rocked, lifted us up and spun us around! The energy in the room was buzzing as the notes were flying and the musicians just kept pouring their all into their instruments, filling the room with gorgeous sounds never heard before! Joe played both the flute and his bass and I think plucked or tapped every square inch of that bass before the night was over. His grandchildren and the other children in attendance were engrossed in the show and Ricky's trumpet playing got them inquisitive so he spent some time talking with them after the show. Tom's family, including his grandmother and grandfather were thrilled with the performance too, once again delighting audiences of all ages. The room was packed and some stood outside peering in or through the windows, as the music was so enticing people came in off the street to watch. Some left shaking their heads, amazed at what they had just witnessed, and I heard from more than one person, "This was the best jazz I've ever heard" and I have to agree!

Food Not Bombs Founder to Speak at Wesleyan

Wednesday, November 4
7 PM
Public Affairs Center, Wesleyan University
Room 002

Food Not Bombs co-founder (and delightful storyteller) Keith McHenry will discuss the history, principles and current actions of the Food Not Bombs movement and share tales from his 30 years of personal involvement for which he spent two years in jail and faced life in prison in California. Food Not Bombs, an anti-authoritarian, anti-hunger, anti-military (dis)organization, shares free vegan and vegetarian meals with the hungry in over 1,000 cities around the globe each week. Come listen to a man who has dedicated his life to battling inequality and cooked up one of the most vibrant social movements in the world almost by accident. Representatives of the now legal FNB Middletown operation will also be around.

Food Not Bombs Discussion with Founder

Food Not Bombs 30TH Anniversary Tour
Lunch and Discussion with Founder Keith McHenry

@ The Buttonwood Tree, 605 Main Street
October 25, Sunday, 1-5 pm, FREE
30th Year Anniversary!! Let's Celebrate!!

We'll be sharing some delicious food (prepared in a licensed kitchen, lol) and having a chat with Keith - join us and learn about this leading edge, grass routes group.

Food Not Bombs co-founder Keith McHenry will talk about his thirty years of cooking for peace and working to end hunger, poverty and war. Food Not Bombs shares vegan and vegetarian meals with the hungry in over 1,000 cities around the globe each week. The 45 minute presentation includes the history, principles and current actions of the Food Not Bombs movement around the world, a 15 minute video about Food Not Bombs in Africa, closing with questions from the audience. Keith will also provide literature, books, t-shirts and dvds about Food Not Bombs. Keith has volunteered with Food Not Bombs for nearly 30 years. He spent two years in jail and faced life in prison in California for his work with Food Not Bombs. Amnesty International declared Keith and all Food Not Bombs volunteers "Prisoners of Conscience" if convicted. He has collected, cook and shared vegan meals with Food Not Bombs groups in the Americas, Europe, Africa,Asia, Australia and the Middle East. This is also a great way to get involved with the Food Not Bombs group in your community.

http://www.foodnotbombs.net/speaker.html

submitted by Anne-Marie Cannata
Executive Director N.E.A.R., Inc. /
The Buttonwood Tree Performing Arts & Cultural Center

Cease and Desist Lifted For Food Not Bombs

From Attorney Elizabeth Conklin

Today the Connecticut Department of Public Health issued a final ruling in Food Not Bombs' appeal of a cease and desist order issued against the group by the Middletown Health Department. In light of Middletown's recent decision to rescind the order, Commissioner Galvin determined that the appeal hearing, currently underway at the State Department of Public Health, is now moot.

“We are thrilled that the city has acknowledged that it must revoke the cease and desist order against us, which for six months criminalized the sharing of food during one of the most difficult economic times in American history,” stated Middletown Food Not Bombs volunteers. “This law enforcement action needlessly disrupted our regular gathering and sharing of food, and needlessly wasted food when officials shut down a meal and forcibly seized pots and pans of food,” according to the organization’s volunteers.

In April, the City of Middletown issued a Cease and Desist order against Middletown Food Not Bombs, arguing that the organization was violating state and municipal food licensing codes. Following the issuance of the order, the City handed out citations to two volunteers, arrested volunteer Abe Bobman, and confiscated food, pots and pans out of the hands of volunteers.

Middletown Food Not Bombs appealed the City’s cease and desist order to the State Department of Public Health. During the first day of two days of hearings at the State Department of Public Health in August, the organization argued that its food sharing activities were, much like a picnic or potluck, not subject to the state and city regulations. The organization also argued that the city had targeted its activities while ignoring similar activities occurring throughout the city of Middletown, in violation of the State and US Constitutions.

In early September, prior to the second day of hearings at the Department of Public Health, city health officials began visiting other organizations, including area churches and the St. Vincent De Paul soup kitchen, asking questions about their food distribution policies and making statements about the city’s impending second day of testimony.

In response, during the second day of the appeal hearing, Ron Krom, the Executive Director of the St. Vincent De Paul Place testified in support of Food Not Bombs, telling the hearing officer about his experience being visited by city officials. Krom provided testimony showing that the city was clearly and purposely targeting Food Not Bombs. Krom’s testimony included his statements that food was being prepared in home kitchens for distribution to the needy throughout the entire city, and had been for thirty years or more. The next day, the City Health Department paid a visit to Krom, handing him a legal notice and warning that he and church volunteers were violating the health code and would be subject to further legal action by the City.

Within days, the Attorney General, Richard Blumenthal, got wind of the situation in Middletown and the laws being cited by the city to support its position, calling the situation “nuts.” A major legislative effort was almost immediately spearheaded by the Attorney General, as well as Middletown State Senator Paul Doyle, Middletown State Representative Matthew Lesser, Speaker of the House Chris Donovan, and Senate President Don Williams. These efforts resulted in a lightning-fast amendment to state law, Connecticut General Statute Section 19a-36, that left no doubt that food sharing activities engaged in by both Food Not Bombs and St. Vincent De Paul were protected. The Governor signed this legislation into law within days. The City has not passed any modification or amendment to its municipal code.

According to Peter Goselin, one of the lawyers for Food Not Bombs, “the amended state statute not only protects free distribution of food to people who need it in Connecticut, but should be viewed as a model for other states to follow so that faith-based and civic organizations can do what is needed. This is particularly important given news released today that one in six Americans now live in poverty.”

In light of the events of the past several weeks, Food Not Bombs today dismissed the State of Connecticut as a defendant in the pending federal lawsuit, which until today, had been on hold in order to allow the State Department of Public Health hearings to reach a conclusion. The federal lawsuit charges the city with violating the State and Federal Constitutional rights of Food not Bombs, and of targeting the organization based on its politics.

According to Abe Bobman, a Food Not Bombs volunteer who was arrested in May for food sharing, “Food Not Bombs always was and continues to be a community-wide celebration of local abundance and an expression of the effort to eliminate the violence of poverty and hunger. Our food-sharing events are not now, and never were, subject to the regulations of the city or state codes. While it is unfortunate that the Attorney General, State Legislature, and Governor had to step in to fix the city’s violation of our constitutionally-protected rights, we are pleased that there is now no doubt that in Connecticut, food sharing activities should be encouraged, and not criminalized. Most of all, we are looking forward to once again being able to engage in our activities, as we had for over ten years, without the threat of constitutionally unlawful criminal prosecution.”

Middletown Food Not Bombs welcomes the community-at-large to join in its weekly vegetarian picnic. Volunteers can be found cooking at homes and churches throughout town on Sunday mornings and rejoicing over full bellies on the corner of Liberty and Main by 1pm on Sundays.

Can Somebody Say Amen!

Middletown Common Council chambers were packed Monday night, mostly by supporters of the St. Vincent de Paul Soup Kitchen, and the concept of feeding the hungry. Sympathetic residents, member of the faith based community, and patrons of the local soup kitchen gathered for an agenda item upon which no action would need to be taken.

Ron Krom, director of St. Vincent dePaul, and Kokomo Rock, of 191414 Ministries served as spokespersons for the contingent.

Krom explained that while a new state law, passed Friday by the State House and Senate, and signed by the governor today, allows charitable organizations to distribute food prepared in kitchens which are unlicensed, there were some outstanding issues to be addressed in town.

"The bigger question is how did we find ourselves in a place where we needed the entire State of CT to bail Middletown out of a situation that it should never have found itself in," Krom asked. "There are many laws on the books that are foolish and that are ignored by local governments across our State. Many other cities and towns in CT have soup kitchens, shelters, transitional living facilities, church outreach dinners, or similar charitable activities, and it is a well known, common practice for people of faith to participate by donating food that is prepared in their homes. Middletown is not unique in this, but somehow only our City Health Department has decided that this is a legal battle worth fighting.

"These last few months during the country’s worst economic calamity - where friends and neighbors are losing jobs, income and security – Middletown is prohibiting its citizens from sharing food with one another. The City, through its health department, is sending memos to its faith communities to “remind” them that the only food that is safe to share with the poor is food prepared in kitchens that the Health Department has licensed.

The problem is that this is not about food safety. This did not begin because someone got sick at a soup kitchen or shelter in town. This came about because of a legal problem. In an effort to be consistent, to appear as if they are not selectively enforcing the law, the Health Dept. feels compelled to curtail the food sharing practices at the Soup Kitchen that the faith communities have been engaged in for many, many years. The City looks to the faith communities and non-profits to provide many services for its citizens. It is shameful to ask us to do that and then to limit our food resources."

Krom asked the elected officials in attendance to take a stand for charitable giving by assuring that ordinances are interpreted and enforced in the way they are intended.

"For me, this has been an issue of faith," Krom said. "I think there are many more in this room tonight who are also here because of their faith. It is common in the Christian tradition to affirm a statement with a simple 'AMEN.' For those of you here tonight who have listened to my testimony and wish to affirm what I’ve said, at this time I’d ask you to please stand and say 'AMEN.'"

At his request, nearly the entire room stood and responded with a resounding 'amen.'

Rock echoed Krom's sentiment and enthusiasm for the cause of fighting hunger.

"I've seen some sorry messes in my time, perpetrated agains the interest of the poor," Rock said. "But this is one that fairly takes the cake. Let us resolve to go forth resolved to not let another sun set when we have to ask, 'Will I fear to feed the hungry from the resources of my own table.'"

When Council members asked Assistant City Attorney Tim Lynch, and Health Department Enforcement Code Officer Sal Nesci whether the new state law would put an end to action at the state health department, Lynch indicated that it was Food Not Bombs which requested the hearing, and it would be their decision to call an end to the hearing. Lynch also indicated that Food Not Bombs, which is suing the city on a perceived first amendment violation, has not given any indication whether they will withdraw that lawsuit or not.

In other business, the Council voted to fund a new electronic scoreboard at Palmer Fields with state money from the Local Capital Improvement Fund. The $165,000 state-0f-the-art scoreboard would replace a much older model currently used, which is in need of repair. Advocates for the scoreboard indicated that Palmer field was used frequently by city teams, and generated income through state, regional and national tournaments held there.

The Council also voted $30,000 to fund continued pick-up of bulky waste throughout the city until a study is done of the recently-passed ordinance which required a fee for each pick-up. That ordinance was criticized after city streets, especially in the downtown 'sanitation district' became lined with bulky waste over the summer.

Council members quizzed Public Works director Bill Russo about the situation, and why bulky waste had not been removed immediately. He, and Nesci explained that the new ordinance required them to cite property owners first, and only then remove the waste.

Council members urged Russo and his department to pick up waste immediately, record information about property-owners who were violating the code, and pursue reimbursement later.

Later in the meeting Council members voted to re-examine the bulky-waste ordinance after it had been considered by the Ordinance Study Committee, the Health Commission, and the Public Works Commission.

Last Illegal Sunday?

As hungry residents crowded the table of fresh produce and prepared dishes like garlic-flavored chard, garlic bread, oatmeal fruit bake and peach cobbler, members of Food Not Bombs joined in the meal happy that this Sunday could be the last in which their actions are considered "illegal."

On Friday, after a concerted effort by Middletown's State Senator Paul Doyle, and Representative Matt Lesser, the legislature passed a budget implementer bill which contained an amended version of a law concerning food distributed to the public as a charity.

The new language is actually stronger than language submitted by State Attorney General Richard Blumenthal. The new language, which replaces the word "seller" with the word "person" to make sure that operations like Food Not Bombs could be shut down again on a technicality.

The Connecticut Health Department attempted to strengthen the language in a way that would have kept the Food Not Bombs meal as an illegal operation, but those changes were rejected by legislators.

The implementer bill is currently on the governor's desk, and while there is a chance she may veto it because of budget differences, there is a level of confidence that the bill is acceptable and will be signed today.

On Sunday, local ministers encouraged parishioners to attend Monday's Common Council meeting where the topic of food distribution is on the agenda.

Revised Charitable Food Distribution Statute Passes House and Senate

Senator Paul Doyle just called to say that the budget implementer bill, which contains the revised statute for charitable distribution of food not prepared in licensed kitchens, just passed the Senate after earlier passage in the House.

It is now on the governor's desk, where there is optimism that she will sign this implementer bill.

Charitable Food Distribution Language in Implementer Bill

State Senator Paul Doyle reports that language to amend the law which restricts charitable distribution of food to the needy, is in the current budget implementer bill which comes before the legislature for a vote today. Doyle also indicated that the governor supports the change in the food law, although he warned that the governor might not like the budget bill as a whole, and a veto is possible.

Doyle also indicated that the State Department of Health attempted to water down the language of the amended bill, but that the legislature resisted the weakening of the change and went with the language originally proposed by State Attorney General Richard Blumenthal. That language is below.

Health Department Defends Citation of St. Vincent dePaul

The mayor's office and Common Council members have received dozens of letters, emails and phone calls concerning the enforcement by Middletown's Health Department of a statute which prohibits the distribution of food not prepared in licensed kitchens, to the public.

The statute was initially cited as the reason for arresting members of Food Not Bombs for distributing food in a shared meal each Sunday on the corner of Main and Liberty Streets.

In defending the Health Department actions Health Department official Sal Nesci wrote a letter to Middletown official making the timeline of actions of his department clear, defending an accusation that the health department cited St. Vincent dePaul Soup Kitchen because its director, Ron Krom, spoke in defense of Food Not Bombs at a state Health Department hearing.

Nesci also states that the city, meaning the Common Council, does not have the ability to create a statute that would supersede state law.

Additionally, Nesci emphasizes the importance of food safety in light of "our national security post-911" indicating that allowing to be served to the needy from unlicensed kitchens could be linked to "agro terrorism" and would minimize efforts to maintain "homeland safety and security."

Nesci also notes that "the entire situation has been blown way out of proportion" and that the issues is "small in comparison what the media and blogs have turned it into."

The entire letter can be read below:

Gerry/Tim/Mayor/Council...

I do understand that you all have been getting lots of calls and emails about the alleged cease and desist order issued to St. Vincent DePaul Place. First of all, I want to make it clear that it is with the most heavy of hearts that I, as well as Dr. Havlicek and Manfred Rehm of the Health Department, had to put our signature on a legal notice to St. Vincent DePaul. A legal notice is not a cease and desist order. It is a written notification following an inspection or investigation resulting in the discovery of a violation. It allows the individual two weeks to seek a modification of the said practice in order to assure state compliance. Failure to comply usually results in the issuance of a legal order...for food service its usually 30 days. Failure to comply with the legal order usually results in the revocation of the license or abatement of the violation.

For the record:

• The health department was never aware that the soup kitchen was open on Sunday's until about a month ago. In fact Inspector Rehm was told on numerous occasions that the soup kitchen is only open Monday through Friday. He has been told that by Ron Krom for several months.
• The health department was never aware that the one meal that was served on Sunday nights was provided by area churches under the supervision of a soup kitchen staff member.
• The health department was never aware that a portion of this Sunday night meal was prepared in private homes and transported to the soup kitchen.
• When we were made aware that this activity was possibly happening, we approached Ron Krom to ask if it is true and he stated to us that he has a criteria he uses to assure food coming in on Sunday night meets state code requirements and to the best of his knowledge it does. I stated to him that if that is the case than he is to continue his current practice and we as a health department will work with the area churches to educate them on proper donation procedures.
• The health department then sent a memo to all area churches reminding them that all charitable contributions made in the name of their organization should be that of non perishable food or food prepared in their licensed kitchens.
• At a recent hearing at DPH regarding Food Not Bombs, Mr. Krom was called as a witness and gave sworn testimony that he does in fact receive a portion of his Sunday night meal from private home kitchens which is in violation of the state health code. In fact he gave very specific examples of certain foods he receives from private kitchens on a regular basis.
• Because of the statement he made, we were required by virtue of the professional licenses we hold to confirm this and take appropriate steps to assist in the modification of the current practice. The very next day, Inspector Rehm visited Mr. Krom and Mr. Krom re-affirmed the statements he made in his sworn testimony the day before.
• The notice sent does not pertain to the general operations of the facility Monday-Friday. It is only relative to a small percentage of the food distributed on Sunday night.

To the issue of discretion:

• As we understand it, we are only talking about a percentage of the Sunday night meal in question. Relative to that, we believe that a viable solution would be to encourage donors continue using the licensed kitchens at their churches and to donate commercially prepared and prepackaged food that could be heated and served on the premises whereby eliminating the issue of cooking in their own homes. As we understand it, many churches already donate commercially prepared and prepackaged food to the soup kitchen. We are willing to work with any group that cannot readily comply and come to a code compliant resolution to anyone organizations concern and willingness to feed the hungry.
• We are in no way intending on revoking the license of St. Vincent DePaul. If we are put in a position where further code enforcement is required, we would only be seeking to curtail the distribution of food during the Sunday night program in that we need to assure that home cooked food is not distributed.

Other:

• The health department is not looking to shut down thanksgiving and/or Christmas dinners. We are willing to work with any organization to make sure that there is a way to cook all turkeys. Just off the top of my head, we could utilize fraternal organization kitchens, school kitchens, church kitchens and restaurant kitchens. We just need to know how many turkeys need to be cooked.
• The Middletown health department values the security and safety of food distribution. It is our belief that the hungry and homeless of our community deserve the same rights and privileges in a free meal as paying customers at a restaurant do. All restaurants are inspected for compliance of their general practices regularly and that food is acquired from approved sources. Shouldn't the patrons of St. Vincent DePaul on Sunday nights receive the same consideration? That goes to the same position with Food Not Bombs?
• Any resolution or change to current city ordinance regulating the distribution of food and beverage cannot supersede current state statute or health code.
• Food safety and security has taken a front line position in our national security post 9/11 and much time, energy and money have been spent in the way of agro terrorism. To compromise our interpretation of code regulation, we are minimizing state and federal efforts of homeland security and safety.

***We had a very productive meeting this morning with Peter Harding, who as you know is the former director of St. Vincent DePaul. He is willing to work with us to achieve compliance. It is his understanding, as it is ours, that the entire situation has been blown way out of proportion and the issue we are dealing with in this legal notice is small in comparison to what the media and blogs have turned it into. He has assured me that together we will come to and understanding where we will be able to put this issue to rest without compromising the mission of the soup kitchen as well as our professional integrity. My spirit is strong in this regard and we will work to do what ever we can to make this happen. I will keep you posted.

Hope for Change in Food Distribution Law Not Dead

To Senator Paul Doyle's credit, he was as good as his word when he promised members of Middletown's faith-based community that he would push for a change in a statute that prevents charitable distribution of food, not prepared in licensed kitchens, to those in need.

While Democratic leaders were too embroiled in a struggle to implement a budget, Doyle took the idea for a change in law to the governor's office.

Today, in a letter from the State of Connecticut Office of Policy and Management, representing the governor's office, Robert Genuario listed specific items in the implementer bill which the governor objects to.

At the end of the list, the letter concludes:

Finally, we have been informed that there is a need for a statutory revision to allow charitable organizations to provide to needy people, meals which have not been prepared in licensed kitchens. For example, many churches provide pot-luck dinners of the homeless which consist of dishes prepared by members of the congregation in their homes. This charitable practice technically violates section 19a-36 of the Connecticut General Statutes. Although not necessary, strictly speaking, to implement the budget, the Governor would support including in the implementer bill a revision to section 19a-36(a)(4) of the Connecticut General Statutes to allow this practice to legally continue.

"The key, and the blessing is that this indicates the governor will support the change," said Common Council Vinnie Loffredo Wednesday night. "The governor is on board to get something done."

Loffredo urged all those in support of the bill to contact State Senate and House Leaders, and all members of the Middletown legislative delegation to make sure language to change the statute is included in the implementer bill which will likely be submitted Friday.

Many members of the faith-based community addressed letters to Common Council members and the mayor urging them to forward the correspondence to the entire Common Council so that it may be part of their discussions at Monday's meeting.

Does State Health Statute Make Communion Illegal?

"On a regular basis, every Sunday, we have communion," said Reverend Joel Neubauer, pastor of Christ Evangelical Lutheran Church on Washington Street, at a meeting of the faith-based community concerned with state laws regulating charitable food distribution. "People bring wine from home. They bake bread at home and bring it to church for communion. We drink out of the same cup. Now I'm hearing that it's an illegal act?"

Attorney Dan Livingston, part of the law firm defending Food Not Bombs against a citation for distributing food without a license, confirmed the worse.

"Technically, it's illegal," Livingston said. "But whether the health department would cite you is another question."

"We're basically not being able to practice our faith because or what they're saying," Reverend R. Maureen Hawksley of St. Paul Lutheran Church said.

"You could make that argument," Livingston agreed.

The group included concerned members of the Middletown clergy, members of the health care community, and other concerned residents. They gathered because they are alarmed by a recent strict adherence by the city Health Department to a state statute prohibiting any food not prepared in a licensed kitchen from being served to the public.

The meeting was held Monday night at the St. Vincent dePaul Soup Kitchen on Main Street where director Ron Krom served as host, and provided a historical context for the meeting. He explained that indeed, state statute prohibits any food not prepared in a licensed kitchen, from being served to the public on a regular basis.

This statute was cited by city health department officials when they arrested Food Not Bombs members for sharing food with the public in a regular Sunday meal on the corner of Main and Liberty Streets.

Krom noted the similarity between what Food Not Bombs was doing and what his organization did every Sunday at dinner when they served food prepared and donated by community members. And when he testified to the fact at a state hearing, he found himself the subject of a Health Department citation.

"If I don't comply," he explained. "They have threatened to take away my license."

Krom explained that the citation did not come when the city first learned of the distribution of food from unlicensed kitchens at his soup kitchen, but only after he made public testimony at the State Department of Health in defense of Food Not Bombs.

"We serve sandwiches that are made by some of the schools, by some of the Catholic classes, Boy and Girl Scouts," Krom said. "And now we're being told we cannot receive these sandwiches."

As many pointed out, the irony of the current law is that it provides an exception for charitable organizations who cook food in unlicensed kitchens, and sell it to raise funds. So a bake sale is legal, but a church after-service social, at which baked goods are shared, is technically illegal.

"What if we sold the food at Sunday meals for a penny," suggested Middletown YMCA director Bob Spencer, who is also on the board of directors at St. Vincent dePaul.

"The law is rarely this blatantly stupid," Livingston explained noting that the state legislature, which is currently in special session, has been urged to address the flaw in the law (CT State Statute 19A-36). "Technically this is not a budget issue," he said. "But they could hook this change onto an implementer bill, which is a budget bill."

State Senator Paul Doyle, who represents Middletown, was the only state or city elected official at the meeting.

"I guarantee I will try to get it in," Doyle promised. "But I can't promise that it will make it in or that it will pass. I will certainly push and I will speak to the rest of the delegation. The cause is so broad that it affects everyone. The truth of the matter is that sometimes the legislature merely reacts, and there are unintended consequences."

Many at the meeting expressed disbelief that the Middletown Health Department was so determined to uphold the statute, in an across-the-board consistent manner, and they were alternately angry and saddened by this enforcement.

"If they're going to try to be consistent about it," said Reverend John Hall of First Church. "Then they're going to have to shut down all the church coffee hours, the Shepard Home, the Christmas dinners served by the churches."

The Reverend Cocomo Rock explained that at low point in his life, he sought out sustenance from a charitable organization.

"Had it not been for a local church I wouldn't have been able to eat," he said passionately. "Unless I ate in a jail, or a hospital, or I ate something I stole. Or from a garbage can."

"There are no licensed dumpsters," Livingston said. "We don't want people to eat from unlicensed kitchens, but they can eat from dumpsters. Everyone of us who is lucky enough to have a home eats out of an unlicensed kitchen every day."

"I think it's ironic that the policy over the past several years has been to cut back on the state and city sponsored projects, and rely on churches and people of faith to take up these programs, and now we've come to this," said Juan Figueroa, of the Universal Health Project.

Much of the meeting was given over to a discussion of strategies to change the law, and simultaneously prevent any organization which helps to feed the hungry from being prevented from doing so.

"We must remember that winter is coming and that the economy is getting further depressed, and that means more hunger, so we can't stop," said Bishop William McKissick of the New Jerusalem Church. "I'd love to lead the charge and serve people food and say 'Come and arrest me," but it's the hungry kid that worries me. There will be hunger. This is not about that, it's about a law that's stupid."

"It's absurd," said real estate developer and former director of St. Vincent dePaul Soup Kitchen Peter Harding. "We're going to hesitate to feed people? That's bull."

The group agreed to address the problem by immediately contacting state legislators to push through the change during this special session. In addition, Community Health Center CEO, Mark Masselli urged the group to approach the mayor, the majority leader and the Common Council of Middletown to make adjustment to the ordinance and the enforcement. Republican Council member David Bauer has drafted a Council resolution, but it is still being considered by the city's Health Commission

Senate Unlikely to Take Up Changes In Food Distribution Bill

Despite a letter from the State's Attorney General, and several letters from local pastors worried about serving Christmas dinners to the needy, the Senate is unlikely to have time in the current short session, to take up legislative change in the bill which currently is interpreted to prohibit charitable distribution of food prepared in unlicensed kitchens.

In the present, abbreviated session, the legislature is wrestling with regulations which need to be created or modified as a result of the late passage of the state budget.

"We got it (the Attorney General's letter) very late in the process, and I think there's some agreement with the Attorney General and the concerns he raises," said Derek Slap, Senate Democratic spokesman. "We're absolutely sympathetic to the points the Attorney General and others have raised."

But Slap indicated that the complaint, and the legislation in question, would have to be fully vetted before action could be taken. Slapp suggested that there may be an approach featuring a broader interpretation of the statute which would not require a change in legislation.

Without the change, local pastors in Middletown are concerned that Christmas meals, which consist of turkey and the fixings prepared in the homes of parishoners, would have to be cancelled.

Middletown Food Sharing Controversy Featured In Blog Chronicling the High Cost of Legal System

News of the controversy spawned by Food Not Bombs, which has now spread to potential problems for other charitable organizations which share food, is featured in Overlawyered, a blog which purports to expose unneccessary and wasteful legal action.

This law, and its implications, are not new to Overlawyered, as they covered the "Connecticut pie menace" in 1999.

Pastors Asked to Support Change in Food Sharing Law

Elizabeth Conklin, one of the attorneys representing Food Not Bombs, has asked Middletown church leaders to urge state legislative leaders to alter a law which prevents churches and other organizations from sharing food with those in need.

Food Not Bombs has been cited by Middletown and state health departments for sharing food that has not been prepared in a licensed kitchens. In addition St. Vincent dePaul Soup Kitchen was cited Tuesday for serving a Sunday meal in which food, not prepared in local kitchens, was shared with the public.

Attorney General Richard Blumenthal wrote a letter yesterday to State Senate and House leaders urgint them to change the law to allow an exception for charitable organizations which distribute food.

In his letter, First Church pastor John Hall cites what he sees as a threat to community meals at his church if the law is not changed.

I am writing to thank you for your attention to the threat facing charitable organizations regarding our food sharing practices. A number of clergy from Middletown, including me, met with Attorney General Blumenthal on September 18 to discuss the serious alarm and disruption caused in our organizations by the action of the Middletown Health Department against Food Not Bombs. My church is also the location where Food Not Bombs is currently preparing the food it shares on Sunday afternoon, since we have a licensed kitchen.

The problem for churches and the St. Vincent DePaul Soup Kitchen arises from the Middletown Health Department’s apparent need to appear consistent in its enforcement action regarding food not prepared in licensed kitchens. They have threatened to cite St. Vincent DePaul if it accepts food prepared in people’s homes. If this enforcement action takes place and is extended consistently, it will shut down a huge percentage of the charitable food donations in our city. As a result, food insecurity and hunger will increase — a special tragedy during these difficult economic times. I understand that the Middletown Health Department is communicating with health departments in other communities to encourage enforcement of the same policy.

I am very grateful to Attorney General Blumenthal for recognizing that the state law on this matter (PA 95-44) was most likely intended to exempt charitable organizations, not just charitable fundraisers. Likewise, I am very grateful to you for taking up the cause in this special session in order to resolve this matter once and for all. It makes no sense to exempt the sale of food but not the giving of food.

Our church hosts a free community Christmas Day dinner that feeds 300 people. This meal requires many turkeys, hams, pies, cookies, brownies, cakes, etc. to be prepared in people’s homes because there is not enough oven space or standing room in the church kitchen for this to be accomplished. Also, every Sunday evening a different church prepares and serves the supper at St. Vincent’s. Some or many components of these meals are prepared in homes — casseroles, pasta sauce, salads, brownies, cupcakes, etc. People are willing to make these donations in part because they can do the work at home where it is more convenient. Even the goodies that we share after worship every Sunday morning are largely made in people’s homes. It is just not realistic for this to be done in any other way.

Church leaders are urged to communicate with legislative leaders immediately so that action can take place in the short legislative session currently underway.

Senate President Don Williams
phone 240-8600 fax 240-8406

Email Williams@senatedems.ct.gov

Speaker of the House Chris Donovan
phone 240-8500 fax 240-0208

Christopher.Donovan@cga.ct.gov

Attorney General Blumenthal's Letter Concerning Health Code

Attorney General Blumenthal Encourages Change In Health Code

In light of the controversy engendered by Food Not Bombs refusal to admit they are under the jurisdiction of state health regulations, Attorney General Richard Blumenthal has written a letter to the State Senate President and the House Majority Leader urging them to modify the statute.

As written, the law provides an exception to non-profit and charity organizations which sell food, not prepared in licensed kitchens, in order to raise funds for that charity. The law does not exclude organizations which gather and prepare food and distribute the food for free to those in need.

Last Friday, Blumenthal met with a delegation from Middletown who urged him to examine the law and provide his interpretation.

His letter expresses his belief that the intent of the law is likely to allow for an exception for those charitable organizations which distribute and share food with those in need, but he urges the legislature to be explicit in this intent.

The Eye will provide the entire letter when received from the Attorney General.

Democratic Mayoral Candidate Confounded by Soup Kitchen Citation

Democratic Mayoral candidate Dan Drew has come out strongly against the Health Department citation against the St. Vincent dePaul Soup Kitchen. He indicated it was within the mayor's discretion as chief executive in the city to decide whether or not to pursue the violation.

"The mayor has the ability to use his judgment," Drew said. "I just can't believe this is happening at a time when people can't feed themselves, in a time when the soup kitchen is needed the most. It makes me wonder if Mayor Giuliano is going to go after the Girls Scouts."

"I disagree with the approach Food Not Bombs has taken, but I'm supportive of providing food to the hungry," Drew said. "But in the case of the soup kitchen I don't understand why there is a drive to shut it down."

Soup Kitchen Cited For "Illegal" Sunday Meals

After testifying yesterday at a State Health Department hearing about Food Not Bombs, St. Vincent de Paul Soup Kitchen director Ron Krom was afraid of the repercussions. As a witness for Food Not Bombs he explained that the soup kitchen on Main Street regularly served a Sunday dinner with food prepared and donated by individuals in the community.

"I thought they might do something," Krom said Tuesday morning. "And here we are this morning being told we are going to be cited."

This morning, town sanitarian Fred Rehm appeared at the soup kitchen and informed Krom that the soup kitchen would be cited for serving food not prepared in a licensed kitchen.

Fred Rehm of Middletown's Health Department declined comment saying that the possible citation was part of an "ongoing investigation."

John Hall, pastor of First Church felt that the citation would have a chilling effect on charitable food distribution, and that it would send a ripple throughout the faith-based community.

"I think it's all based on a misinterpretation of state law," Hall said. He and a delegation from Middletown spoke about the problem with Secretary of State Richard Blumenthal.

"It's hard to believe the intent of the law was to allow an exemption from state statute for charitable organizations preparing food in unlicensed kitchens for sale in fundraisers, and not include organizations who give food to those in need," Hall said.

Hall indicated that the broader enforcement of the statute is likely the result of the Middletown Health Department's attempt to avoid being accused of selective enforcement.

"This is a state law they're enforcing" Mayor Sebastian Giuliano said. "Krom went on the record in a Health Department hearing, and now we can't ignore it. If they want to change the law because it's too broad and preventing some good from happening, then fine. This is really a scientific question, and if scientists decide that the risk is minimal then we'll follow those directives. But our Health Department is only following a state law to keep people safe, and even poor people deserve to be kept safe."

Christmas Meal At Risk

Hall worries that a strict interpretation of the current statutes will prevent his, and other churches, from serving meals to those in need, particularly regular holiday meals at Thanksgiving and Christmas.

"There aren't enough licensed kitchens in town to cook all those turkeys," Hall said. "You won't have people donating food if they have to go to a licensed kitchen to prepare it."

Giuliano cited the real risk of salmonella in turkey preparation.

"Thanksgiving is two months away," he said. "And there's got to be a way we can figure out how to cook enough turkeys in licensed kitchens between now and then to allow those meals to happen."

This recent concern with charitable meals prepared in unlicensed kitchens stems from the ongoing controversy with Food Not Bombs.

"We have to share our food with the poor" Krom said. "Unfortunately, if I hadn't testified I don't think that I would have received a citation today. In the end, I hope this will all bring about some social change."

"Look, if your goal is to get food to hungry people, no in town is trying to stop them" Giuliano said. "But it's our job to ensure that people are safe. I don't know if Food Not Bombs has some civil disobedience thing they want to express, but if they're just trying to thumb their noses at authority, I can't help them."

"Until we get a clear interpretation, it appears the city health department is going to press the issue for all charitable giving," Hall lamented. "And that's going to cause a problem."

UPDATE 9/22 4:10 PM: (This from Ron Krom at the St. Vincent's Soup Kitchen) While I was told in the morning that I would be "cited", the Health Department returned this afternoon with an inspection report with an identified violation. The report is a standard State of CT Department of Public Health Inspection Report for Food Service Establishments. We were found to be in violation of item #1,"approved source of food, wholesome, nonadulterated." The detail specified that "some donated food served on site is not prepared in licensed kitchens." I was told that I have two weeks to correct the violation, at which point we will be reinspected. If the violation is not corrected, "a number of things are possible, including shutting down the Soup Kitchen."

Food Not Bombs Hearings Continue Today

Middletown Health Department Code Enforcement Officer Sal Nesci and Sanitarian Fred Rehm testified Monday in a hearing at the State Department of Health to determine if the city was correct in its application of state statutes in ordering a cease and desist notice to Food Not Bombs.

Middletown has cited Food Not Bombs, and issued cease and desist orders indicating that the group is serving food to the public without a license. Food Not Bombs has participated in a shared meal, on public sidewalks in Middletown for nearly ten years.

Food Not Bombs insists the meal is shared, and not served, and so falls outside of the jurisdiction of state and local regulations.

Currently, Food Not Bombs continues to share its meals on the corners of Main and Liberty Streets every Sunday under a compromise which allows them to prepare the meal at First Church on Court Street.

The parties have not been able to agree on a long-term compromise to allow them to offer the shared meal to the public.

In cross examination Monday, Nesci explained that his department does not have guidelines for the interpretation of state statutes regarding licensing, but relies on the department's interpretation of the statutes. He was also unable to provide lawyers Peter Gosselin and Elizabeth Conklin, who represented Food Not Bombs at the hearing, with specific information about who made the original complaint against the group and when the original complaint was filed.

That original complaint, in November 2008 coincides with a November 18, 2008 email from New Britain health department employee Eugene Ciccone to Nesci in which Ciccone writes:

We have been dealing with a group called "Food Not Bombs." They distribute vegetarian food to homeless people free of charge. They claim to be "unregulated.'" Please let us know what experiences you have had with this group, and hiow (sic) you have insured that they comply with Health Department Food regulaitons (sic).

Nesci's reply, on the same day that "we here in Middletown just learned of their presence as well. Our group stems out of Wesleyan University." He continues, "We intend to stop this unregulated activity and forward them throu (sic) ALL the proper channels for distributing food on a city sidewalk for proper permits and fees...Health, Zoning, Police..."

While some Food Not Bombs members feel the New Britain memo has a political motivation, Attorney Gosselin could find no evidence of a vendetta.

"There's not anything in that memo that would indicate that it's concerning anything other than a health matter," Gosselin said outside the hearing room.

Nesci, and other Middletown officials have maintained that their only motivation in pursuing the matter is the health and safety of the public.

In his testimony Monday, Food Not Bombs member Abe Bobman emphasized that Food Not Bombs does not serve meals, but instead shares them.

"We're not necessarily attempting to serve, but allow people to gather and share a meal," he said. "We gather and try to provide a testament to abundance instead of scarcity, and to promote the idea that everyone has the right to eat. We're trying to level the distinctions between haves, and have-nots. We offer ideas as well as sustenance."

Bobman allowed that part of the Food Not Bombs philosophy was to demonstrate that in a country which spends so much on national defense, there are still many who go hungry, and that the shared meals attempt to point out that disparity.

After today's hearings, attorneys from both sides will offer briefs to the Health Department, who will issue a judgment on the matter.

Food Not Bombs is also suing the City of Middletown, and the Commissioner of the State Department of Health in federal court for violating their rights to free expression as expressed in the first and fourteenth amendment to the Constitution.

Bauer Exploring Changes in Food Distribution Ordinance

"The way the ordinance is written now," Councilman David Bauer said over the phone to me yesterday. "If a Girl Scout shows up at my door selling cookies, I could have her arrested. If a church members are selling a cake at a bake sale, I could have them arrested."

Bauer is referring to an ordinance recently cited in the summons and "arrest" of a Food Not Bombs member for distributing food in one of their weekly shared meals.

"I'm looking to make sure that a whole variety of people are protected in their activities," Bauer said. "And I want to be sure that we are not applying the law selectively."

While Bauer cites the Girls Scouts, Boy Scouts and church groups in his effort to amend 166-5, which defines activities in which a license must be obtained for the production or distribution of food, it is Food Not Bombs which is the catalyst for the debate.

Bauer will attempt to bring the proposed ordinance change before the Health Department at their regular meeting Monday afternoon (5:15 PM, Room 208, City Hall), but he has been warned that it may be tabled because of a lawsuit filed by Food Not Bombs against the city.

Food Not Bombs members were cited by the City Health Department after being warned that their weekly meals were illegal according to city and state ordinance. One member, Wesleyan student Abe Bobman, also received a summons and has requested a jury trial for his offense. The State Department of Health is currently conducting a hearing into the matter, and Food Not Bombs has sued the city and state for infringement of its rights to express itself through these weekly meals.

Bauer feels the solution to the problem is one that will be beneficial to all groups who share or distribute food occasionally to the public.

In his proposed version of the law, he extends the groups excepted from licensing.

Ordinance as currently written:

§ 166-5 Activities excluded.

The following activities are excluded from the licensing and fee requirements of this chapter: nonpermanent fruit and vegetable stands which do not require preparation, refrigeration, cooking and/or heating of any kind, including but not limited to farmers' markets and roadside stands.

Ordinance as proposed:

§ 166-5 Activities excluded.

The following activities are excluded from the licensing and fee requirements of this chapter:

A. Nonpermanent fruit and vegetable stands which do not require preparation, refrigeration, cooking and/or heating of any kind, including but not limited to farmers' markets and roadside stands.

B. A non-profit cooperative wherein no permanent facilities are used for storing or handling food, and which gives food to its members or guests at no charge.

C. A private home, church, private club, or other nonprofit association that gives or sells food to its members and guests at occasional events.

D. A for-profit entity that gives or sells food at occasional events, for the benefit of a nonprofit association, if the

for-profit entity receives no monetary benefit, other than that resulting from recognition for participating in the event.

If the Health Department accepts his amendments, Bauer plans to bring the proposed ordinance change to the City Council for consideration.