Despite having now been served a formal trespass notice, Food Not Bombs Peterborough will return to Confederation Square this Monday evening (April 1).
That’s the word from longtime group volunteer Myles Conner, who was personally served the notice last Monday as Food Not Bombs did what it as done for close to 19 years: serve free meals to those in need while bringing wider attention to the fact that there are many people in the community without enough to eat.
The notice, which was served to Conner by two city-contracted security guards, is the first that Food Not Bombs has received. It comes after two previous Monday visits — the first on March 4 — by security guards that saw the group advised it was in contravention of the city’s Parks and Facilities By-law, adopted in 2019 to curb overnight tenting on municipal property by people experiencing homelessness.
The notice, addressed to “Food Not Bombs (the owners and operators of a large red tent structure and food premises)”, says the group has erected or been within a structure, hut or tent in a park without a permit contrary to the bylaw, and is selling, offering, exposing or advertising for sale of food or drink without a permit, again contrary to the bylaw.
It goes on to read Food Not Bombs is “directed to immediately stop contravening” the bylaw and must “immediately remove from the park the tent structure and its contents as well as any food or drink associated. You are directed to leave the park immediately and not to re-enter the park at any time until September 2, 2024.”
The notice doesn’t indicate why the September date has been designated, although the by-law stipulates that a trespass notice issued under the by-law can prohibit access to a park “for a period not exceeding six months” — September 2 would be around six months after Food Not Bombs was first verbally advised on March 4 that it was trespassing.
The notice does not indicate what would be required of the group should it return to the park after that date, nor does it mention what the amount of any fine would be if Food Not Bombs contravenes the notice. However, the by-law states that “each person” who contravenes the by-law is committing an offence and, upon conviction, could be subject to a fine of between $200 and $10,000 “for each day or part of a day on which the offence commences or continues.”
kawarthaNOW reached out city councillor Joy Lachica, a vocal proponent of Food Not Bombs, for comment on this latest turn of events. She declined comment, noting she’s “still working on some things on that front.”
Two days after the first security guard-issued verbal warning on March 4, Will Pearson, another Food Not Bombs volunteer, received an email from Mayor Jeff Leal that provided clarity on the permit requirement and noted the city first raised the matter with Food Not Bombs on February 12.
“The permit process helps keep our community safe by ensuring that aspects such as fire safety, electrical setups, the location of structures, and other considerations are agreed upon for the use of public space,” wrote Mayor Leal.
“After three weeks, a permit application had not been started. Since the group did not have a permit, it was asked to remove its tent and tables from Confederation Square on March 4, and given information on how to get a permit for its activity.”
In a subsequent email to kawarthaNOW, Conner stated he was unaware of any communication from the City of Peterborough that was provided to the group on February 12.
“Maybe the city ordered someone to inform us but I have checked in with each other person helping that night and none of us have any recollection of (this) occurring,” Conner says, adding that it is possible the notice was handed to a “random person” who was not part of the group.
Conner met with the city in early March before the formal notice was served. He now says it will be business as usual moving forward, with the group having no intention to apply for a permit.
City serves trespass notice to Foods Not Bombs on March 25, 2024 (video by Esther Vincent)
Today Food Not Bombs Peterborough was presented an official Trespass notice.
Although we were told that police would be called, they did not arrive.
It is the intention of FnB to continue to provide meals for the hungry every Monday night as they have been doing for almost 20 years.
FnB is a protest as well as a service provider. They do not believe they should need a permit to feed the hungry.
As this situation progresses, FnB will continue to communicate with the City in the hope that an amicable relationship can be created in which FnB can continue to provide food without interference or harassment from officials.
If you would like to support FnB, write your councillors and the mayor:
[Image of the trespass order in comments]
https://www.peterborough.ca/en/city-hall/mayor-and-council.aspxPosted by Esther Vincent on Monday, March 25, 2024
“I think they have better things to spend their time on,” Conner says, referring to city staff. “They did say that coming to a good solution is actually worth their time. They recognize that our situation might apply to other groups (and could) use it as case scenario to do some work on.”
“They made the rule (by-law) in 2019. It hasn’t applied to us until now. How much democratic review has the by-law gone under? I asked about ticket challenges. Nobody has been challenging their tickets. People just get them and don’t pay them because they’re mostly homeless people. By-laws against people with nothing have absolutely no power.”
Acknowledging “We don’t know what’s going to happen this Monday,” Conner notes Food Not Bombs in Houston, Texas “finally got an injunction after 78 tickets. They’re on their way to making precedent.”
“Activism is done a lot of the time by challenging unjust laws,” Conner points out.
“I think it would be worthwhile to get a ticket and challenge it. I’ve already got a lineup of people saying ‘I will pay for your ticket.’ I have got several lawyers saying ‘I will defend your ticket.'”
“I don’t need 80 tickets, like Houston, but I also think our city is a lot more reasonable and lot more friendly. The spirit of our town is way different that.”
“I think there’s a way for everybody to come out ahead,” Connor notes. “It’s up to city staff. I don’t know what they’re planning — we’ll see what happens. All I can do is say ‘Yeah, we’ll get a ticket and we’ll defend it. If you try to push us out, we’ll make an example of you.'”
Formed in 2005, Food Not Bombs Peterborough collects surplus food from farmers, gardeners, grocers, bulk food stores, bakers, and the community at large and then, at All Saints Anglican Church, prepares a meal that is transported each Monday night to Confederation Square. The free meals feed, on average, about 50 people.
The wholly volunteer-driven group’s stated mission is to “defend and reclaim community, sovereignty and food justice from the jaws of poverty and war.”
Should the group be forced to leave Confederation Square for lack of a permit, it will mark the second time it has been moved. It earlier served food in the lobby of City Hall before it was deemed the lobby has to be free of any obstructions during Monday night council meetings in the event of a fire or other emergency.
