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First Free Food Conviction in San Francisco history, Sentencing Hearing.
On Thursday February 24 at 4 p.m. at Dept. 17, Municipal
Court, at 850 Bryant St. in the Hall of Justice, Robert N. Kahn, also
known as "Bathrobespierre Robert" (because he sports a bathrobe
and teddy bear when sleeping out in homeless demonstrations),
will be sentenced for violating a 1989 Superior Court Injunction.
He faces up to 6 months in jail and has declared he will refuse
probation since that would require agreeing not to continue serving
hungry people with FNB.
BACKGROUND
[The Injunction under which Mr. Kahn was convicted in the
first-ever jury trial for free food distribution in a major urban city
bars Food Not Bombs, a food distribution group, from serving free
food anywhere in the city and county of San Francisco "without
appropriate permits."]
[It was secured in the summer of 1989 when FNB operated
a 24-hour food service in support of "Tenement Square", a
homeless encampment in Civic Center. FNB members contend
that then-Mayor Art Agnos engineered the Injunction to eliminate
the embarrassment of homeless people publicly challenging what
they term the city's "no sleep for the homeless" policies, under the
very balcony of the Mayor's office. FNB supporters note that after
many months of negotiations and court pressure on city officials,
they secured both Park and Health permits.]
[In July 1990, the Recreation and Parks Commission
changed its rules eliminating the permit process for any regular
food serving in public parks. Police have made more than 400
arrests under the Injunction, regularly destroying food and jailing
soup servers say FNB attorneys, but no previous cases have been
brought to trial. The District Attorney's office has issued letters on
several occasions refusing to prosecute.]
[Beginning in September 1993, under the Jordan
administration "Matrix" program, FNB members were again
arrested. In September 3 priests and a nun were taken to jail in
handcuffs for serving free food. Members of FNB adopted different
tactics--sneaking in small quantities of food, distracting police
officers with philosophical discussions, and serving food from the
middle of the fountain (where police were loathe to arrest).
THE TRIAL
Mr. Kahn contends the jury was unable to hear important
evidence. His principle witness, Mr. Keith McHenry, a founder and
long-time negotiator for FNB, was abruptly jailed on $45,000 bail
the day that testimony in Kahn's trial began, and was released, as
abruptly, several hours after it ended without bail, the judge saying
it was "a mistake".
The jury was prevented from seeing evidence that then-
police chief Frank Jordan, when running for Mayor in the fall of
1991, held food giveaways in public parks ("Franks for Frank!")
without applying for the permits allegedly necessary to "legally"
give away food.
The jury was instructed to regard the court order as "lawful"
even though all previous contempt charges brought under it were
dismissed in 1991 by Superior Court Judge, who found that it
would be impossible for FNB servers to obey the injunction, given
the lack of a park permit process at that time.
The judge refused to entertain the defense of "necessity"
(that any 'harm' done was counterbalanced by the need of
impoverished people living out of doors to have regular hot food).
He refused to consider the defense of "equitable estoppel" (that
since the Injunction was not enforced from January 1992 to August
1993 when FNB served twice daily in Civic Center plaza), it was
unfair and unreasonable to suddenly begin enforcement as part of
Mayor Jordan's "Matrix" program agenda.
The judge declined to allow extensive expert testimony
about homeless food needs and the inadequacy of existing food
services. He refused to allow testimony that not one case of
sickness or genuine health complaint has ever been made
regarding FNB in its million+ meals in San Francisco since 1988.
The jury was also cautioned not to vote its conscience, but to
adhere to the letter of the law.
Attempts to subpoena Parks & Recreation official Mary
Burns on the key issue of the lack of Park Permit process were
thwarted by Ms. Burns abrupt departure for Disneyland. The Court
declined to sanction Burns or compel her to be present.
Presented at trial was the "Free Eats" chart, distributed by
the Police and the City Department of Social Services which lists
FNB twice-daily meal as a place for homeless and hungry people
to eat. The cost of the trial (according to the San Francisco
Weekly) was over $15,000 and it is the first of some 30 cases
currently slated for jury trial in the months to come.
SUPERVISOR HALLINAN TO TESTIFY
The Sentencing Hearing for Mr. Kahn by Judge Robert
Barclay will hear testimony from Supervisor Terrance Hallinan,
which will include his involvement in the City's bad faith politically-
motivated refusal to issue FNB permits in spite of FNB's on-going
attempt to secure permits. He is expected to discuss the two fall
resolutions by the Board of Supervisors seeking to legalize Food
Not Bombs, which were ignored by the Recreation and Parks
Department.
President of the Board Angela Alioto is expected to support
Mr. Kahn with a sentencing letter urging leniency. Also testifying
will be Coalition on Homelessness coordinator Paul Boden and
long-time FNB attorney Sarge Holtzmann.
Mr. Kahn says he will refuse any offers of probation, since
that would prevent his serving free food at Civic Center. The
District Attorney is asking for six months jail for Mr. Kahn.
Food Not Bombs continues to serve daily at 6 PM and
weekdays at noon at Civic Center Plaza and requests those willing
to cook, serve, transport, and assist to contact them at 330-5030.
Feb 25, San Francisco, Andrew Rose
Robert Norse Kahn was sentenced yesterday to
two months in jail for misdemeanor contempt of
court. Mr Kahn served food to hungry people
at Civic Center Plaza in San Francisco, in
violation of a court ordered injunction against
Food Not Bombs or its agents serving hungry people.
The legality of the injunction is still under review.
The legality of the MATRIX program, which is Mayor
Jordan's administration's plan to solve the homeless
'problem' by arresting and harrassing anyone poor, and
by criminilizing homeless people and people who
help them, has been questioned by the ACLU, and the
judge needs to answer some concerns regarding this
before March 8. The ACLU has succesfully struck down
similar programs in Miami FL and Santa Ana CA.
Mr Kahn's sentence is suspended, he is free, through
his appeal process.