In an age where interactions between the public and law enforcement are under constant scrutiny, especially when it involves feeding unhoused individuals, understanding the dynamics at play is more important than ever.
- We have two videos available: 1) Police Officer’s Body Cam of the Arrest and 2) Food Not Bombs’ reel of the arrest.
The Setting
A seemingly routine police inquiry about an event taking place in a city park has raised some concerns due to its timing after sunset and on the day after Thanksgiving. Food Not Bombs has offered food in MLK Plaza on Fridays for 14 years.
The conversation unfolds between a law enforcement officer and the event organizer. The officer expressed concerns about the legality of the event, noting that gatherings in the park after dark violate city ordinances, setting the stage for the balance between public safety and community engagement.
- Police Officer William Roper states, “City Park closes at dark, and I don’t want it to…” This shows a clear intention to uphold the law while also considering the implications of enforcing it too strictly. The officer’s approach is not to immediately issue citations. “I’m not going to kick you out tonight; I’m not like that.”
As the conversation progresses, the event organizer, Mike Kimberl, responds, “You’re causing a problem where there hasn’t been a problem.”
The Complexity of Discretion
A compelling aspect of the exchange is the discussion of discretion in law enforcement. Kimberl points out, “Law enforcement officers have the right to not enforce a misdemeanor, and you’re telling me that you’re deciding to use your discretion against us?”
- Roper responded, “I’m not using discretion against you because discretion isn’t something you use against.”
“How are we harming anything?” Kimberl asked.
- “It’s not harming; it’s that you’re just still committing a misdemeanor,” Roper replied. “That’s what you’re currently doing.”
Ultimately, the officer chose to document the incident. Kimberl refused to give Roper his ID, which led to his arrest.
BODY CAM
FOOD NOT BOMBS
Note: Adult language
