Dallas City Council mulls plan to regulate churches feeding homeless

City officials in Dallas are considering a plan for new regulations on churches, nonprofits and other groups that distribute free food to homeless people on public streets and in other areas.

During an April 15 meeting, Dallas City Council members were largely split over a proposal to amend the city ordinance that would expand the definition of “street vendor” to include free food distribution, requiring a no-cost, automatically approved 30-day permit focused on basic food safety, sanitation, storage standards and litter management. 

While the city already has a number of provisions for groups wishing to feed the homeless, including prohibitions on “potentially hazardous food” and guidelines for disposing of wastewater, trash and debris resulting from such outreaches, the proposed rules would require volunteers from churches and other religious groups to obtain city permission before conducting any outreach that includes food handling or preparation, even when that outreach is primarily evangelistic in nature.

At Wednesday’s meeting, code compliance services administrator Narada Lee presented the changes as a way to address gaps in oversight for perishable and nonperishable foods, similar to standards applied to food establishments, which he noted also require a permit.

Lee, who said he “grew up in a church” with a food pantry ministry, acknowledged the proposed rules could cause hardship for Christian ministries and other groups even as the city seeks to protect residents with underlying health issues.

“Growing up in a church and, you know, giving out food, I became a lot more aware of, yeah, we might be trying to help people, but we could also hurt if we're not aware of maybe some of the health issues that are out there, and making sure that people are safe,” he said. “This is a hard one, because definitely we want to help and we want to, you know, our community is so giving here in Dallas. But then there is also the health aspect as well.”

Mayor Pro Tem Jesse Moreno, whose district includes downtown Dallas, supported the proposal, citing challenges with unsheltered vending, litter and sanitation. He noted that cleanup costs borne by the city, property owners and Downtown Dallas Inc. have exceeded $100,000 in some cases. According to city officials, the permit process is free, simple, and automatically approved once the required fields are completed, valid for 30 days.

After hearing officials discuss details of the proposal, Councilman Adam Bazaldua raised strong concerns about religious liberty and potential legal risks. “This ordinance raises serious concerns, especially when it comes to religious freedom,” he said. “For many people, feeding the hungry is not just charity. It is a deeply held religious obligation."

Under the Texas Religious Freedom Restoration Act, Bazaldua added, the city cannot “substantially burden religious exercise” unless it meets a “compelling interest pursued through the least restrictive means possible.”

“Right now,” he added, “this ordinance risks failing that test.”

Bazaldua warned that any requirement for individuals or small groups to “obtain permission before engaging in acts of faith, like feeding those in need,” could put the city in legal jeopardy. He recommended updating the ordinance with beefed-up religious freedom protections.

“We should explicitly protect religious exercise in the language of the ordinance like we had prior to the proposed change,” he said. “We should ensure that small-scale, faith-driven acts of charity are not subject to permitting requirements, and we should favor simple notice over permission wherever possible.”

Bazaldua wrapped up his comments by assuring residents that the city council “can protect public health and safety while also respecting the fundamental right to live out one's faith. But to do that, we need to get this right before passage.”

The meeting adjourned without any action by the council ahead of a scheduled vote on the item next week.