A volunteer with a program that provides food to the hungry and homeless in Dayton, Ohio, was handcuffed for his work, and although he was later released without charges, the city’s agenda has prompted a lawsuit over its restrictions on charity.

It is the Pacific Legal Foundation that has brought the federal complaint against Dayton to challenge a city ordinance that bans, unconstitutionally, the public distribution of food without a permit.

It happened during a food distribution event last April that “a homeless man walked up to volunteer Mitchell West asking for food.”

It happened while a police officer who had just ordered the handout closed down was present.

“Despite the officer watching, Mitchell chose compassion over compliance and handed the man a burrito. The officer responded by handcuffing and arresting Mitchell, detaining him for more than 30 minutes—over what amounts to a misdemeanor,” the legal team announced.

The program is run by Nourish Our Neighbors, a charity that now has sued Dayton.

“Nourish Our Neighbors offers a wide range of services, including haircuts, education, housing, and food assistance. At its core, however, is its food program, which is a crucial community resource considered illegal by the city. Volunteers serve nearly 150 people per month, collect trash before and after all food service, and leave the area cleaner than they found it,” the foundation reported.

The city demands a permit, costing $50 per event, and a $250 security deposit for some, a demand that “would undercut Nourish Our Neighbors’ ability to serve those most in need.”

The legal team noted: “Even more telling is the law’s arbitrariness—no permit is required to hand out cake and ice cream for a birthday party at the same location.”

The courts, the Pacific Justice Foundation confirmed, “have ruled that food sharing is expressive conduct protected by the First Amendment. Furthermore, the ordinance unfairly discriminates among similar activities and violates the fundamental right to engage in charitable acts.”

The Neighbors program was started by McKahla Moran back in 2022 to help “alleviate hardships.”

Free food is a primary component.

“When city code enforcement put a volunteer in handcuffs, the chilling message became crystal clear: In Dayton, charity can be a crime,” the legal team warned.