SOUTHERN NEW MEXICO
City of Roswell, Food Not Bombs settle lawsuit
Agreement allows group's return to downtown plaza
Published
The Roswell chapter of Food Not Bombs will resume distributing food in the city鈥檚 Pioneer Plaza in July, after the city barred the group for several months.
The group sued the city in April, arguing that the plaza ban unlawfully prohibited free expression and their right to peaceful assembly on public property. On Wednesday, the parties announced the litigation was settled out of court.
鈥淭he parties reached a mutually agreeable resolution regarding this lawsuit, which has resulted in its dismissal,鈥� city spokesperson Todd Wildermuth told the Journal.
The city blocked the group from the prominent city-owned downtown park in November, citing forbidding the distribution of 鈥渞efreshments, food, beverages or goods, wares and merchandise of whatever description鈥� on city property without 鈥渁 duly granted franchise or concession agreement.鈥�
An additional obstacle cited by the group was the city鈥檚 special event permit process, which would require repeat applications submitted 120 days in advance, according to the city鈥檚 website.
Food Not Bombs claimed the ordinance was being selectively applied in an act of viewpoint discrimination, while other groups were allegedly allowed to engage in similar activities.
Food Not Bombs is a loosely knit international organization that advocates for nonviolence, justice and an end to wars. Operating through independent local chapters, FNB is also known for recovering surplus food before it is thrown away and offering vegetarian or vegan meals in public to illustrate its message and feed community members, sometimes responding to disaster scenes to aid survivors and rescuers.
The Roswell chapter began its gatherings in 2024. Jocelyn Smith, one of its organizers, told the Journal the gatherings grew from 40 to 50 guests in the beginning to around 100 preceding last year鈥檚 ban.
The New Mexico Center on Law and Poverty 鈥� which supported the group鈥檚 lawsuit alongside the American Civil Liberties Union 鈥� announced Wednesday that Food Not Bombs Roswell and the city had reached an agreement under which the city acknowledged that the plaza is a 鈥減ublic forum鈥� subject to free speech and public assembly protections under the law.
The city also reportedly agreed that the ordinance it had cited with respect to the group鈥檚 gatherings did not apply to Food Not Bombs demonstrations and that it would be permitted to gather in Pioneer Plaza without a permit.
"This settlement is about more than sharing food,鈥� Smith stated in a news release. 鈥淚t's about protecting our ability to gather in public, care for one another, and build momentum to end hunger in our community. We are pleased that we can continue our work in Pioneer Plaza without barriers that prevent neighbors from helping neighbors.鈥�
Food Not Bombs will hold twice-weekly gatherings at the downtown plaza, on Wednesdays at 4 p.m. and Sundays at 2 p.m. Smith said that Food Not Bombs planned to resume after the Fourth of July holiday.
鈥淭he city has their UFO fest starting next week, so we will not be able to return until the Wednesday after,鈥� Smith said.
Recent federal court rulings have upheld Food Not Bombs鈥� activity in municipalities elsewhere in the U.S. In a 2018 precedent, a federal appeals court the city of Fort Lauderdale, Florida, in a 2014 case that found the group鈥檚 sharing of food is constitutionally protected expression.
鈥淧ublic parks and plazas are for everyone,鈥� Marco Alarid White, an attorney for the center, said in a written statement. 鈥淔ood sharing is both an essential form of community support and a form of free speech protected by the Constitution.鈥�
Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.
