An anti-war group that distributes free food to Roswell residents can resume its bi-weekly giveaways at a centrally located plaza in Roswell as a result of a settlement agreement with city officials announced on Wednesday.
The New Mexico Center on Law and Poverty sued the City of Roswell in late April, alleging that the city violated Food Not Bombs Roswell’s free speech rights when it prohibited the group from distributing food at Pioneer Plaza, which sits in front of city government buildings, late last year.
The group has not distributed food at the plaza since November, after city officials told the group that it would need a permit and insurance to continue doing so.
The Center on Law and Poverty argued that the ordinance that governs the permitting process for vendors and events is unconstitutional and overly broad. It further alleged that the city unfairly restricted Food Not Bombs while allowing other groups to distribute free food without permits.
The lawsuit says the group’s distributions amount to “expressive food sharing” protected by the state Constitution, because the group has an explicit anti-war political message.
City officials did not respond to Source NM’s request for comment Wednesday regarding the settlement. The city also did not respond in court to the lawsuit, according to court filings, which show the case was dismissed June 18.
Before being forced to relocate, the group provided food to up to 150 people, many of them unhoused. Group members moved the distribution to a church far from public transportation, founding member Jocelyn Smith previously told Source NM, where they could serve only about 30 people at a time.
As part of the settlement the Center on Law and Poverty announced Wednesday, Roswell officials agreed to designate Pioneer Plaza a “traditional public forum,” which carries strong free speech and assembly protections, and allow Food Not Bombs Roswell to resume distributing food there without a permit.
“Food sharing is both an essential form of community support and a form of free speech protected by the Constitution,” Marco Alarid White, a lawyer for the center, said in a statement. “Food Not Bombs Roswell is putting its beliefs into action and building a future where hunger no longer exists by ensuring that food is accessible to everyone in their community.”
