‘Absolutely heartbreaking’: Grandmother arrested and threatened with jail for giving food to needy, now court makes stunning ruling

Imagine trying to explain to your children that their grandmother is a criminal because she was giving food to the needy.

Strange?

That’s the result of a federal court decision in Arizona.

The Institute for Justice reports a new ruling from U.S. district court there concluded that a law in Bullhead City, Arizona, that makes it a crime to share food in public parks for “charitable purposes” is constitutional.

Norma Thornton, a grandmother, and the Institute for Justice say they will be appealing the decision.

Citing “illegal behavior,” “human waste, litter, trash and other debris” the city imposed a permit requirement for giving away food, in order to “protect” the public and avoid the “deterioration” of public property,” and decided, “It is unlawful for any person or organization to sponsor, promote or engage in a food sharing event at a public park in violation of the provisions of this chapter. Any violation of this chapter is a class 2 misdemeanor.”

Thornton was arrested in March 2022 for feeding people in Community Park. and she and the IJ lawyers working with her said an appeal will be pursued.

“Americans have a constitutional right to engage in charitable activities and cities can’t pass laws that outlaw doing so,” said IJ lawyer Paul Avelar. “The district court failed to grapple with the fact that charity is deeply rooted in American history, and we look forward to proving to the appeals court that Bullhead City’s actions criminalizing charity violate Norma’s right to help others.”

The court, in fact, claimed “the right to serve one’s community, while important, is not a fundamental right.”

Thornton has handed out food for decades, and when she retired to Bullhead City she wanted to continue.

“Being told that I cannot feed the hungry is absolutely heartbreaking to me, which is why I will continue fighting against this unjust law,” she explained. “All I want to do is help people in my community, so they can survive and get back on their feet. It makes no sense for the city to prevent me from doing so.”

The legal team noted that the city’s “permit” requirement really is a ban, as “obtaining a permit is expensive and, even with a permit, the city allows people to share food only once per month.”

Further, the restriction applies only to those sharing food for “charitable purposes.”

“Norma is allowed to throw a pizza party in Community Park for 50 of her friends without limitation. But once she offers food for charity, she runs afoul of the ordinance. Each violation of the law is punishable with a fine of up to $1,431, 120 days in jail and 24 months of probation.”

The decision is from Judge Susan M. Brnovich, who alleged there is a “rational basis for regulating food sharing events for charitable purposes differently than other food sharing events.”

During the city’s banishment of her charity, she has been using about half her income to feed some 30 people a day in an alley behind a jet ski shop that has no shade, tables, or restrooms.