The new law severely restricts when and where citizens may feed the homeless, making it nearly impossible for charity groups to continue (Alanez). As more cities across our nation enact laws against feeding the homeless, so too are we hearing more stories about individuals who have faced arrest, fines, and jail time for feeding them. Such was the case with ninety-year-old Arnold Abbott. Abbott, who founded the volunteer group "Love Thy Neighbor" in 1991 to feed the homeless of Broward County, Florida, has been arrested, fined, and jailed repeatedly under Fort Lauderdale's new law (E. Goldberg). Laws against feeding the homeless are a violation of both the substantive human rights and the constitutional rights of both the homeless and those who feed them; and they are dehumanizing, counterproductive, and not economically viable.
To understand how laws against feeding the homeless are a violation of rights, one must first learn the difference between substantive rights and constitutional rights. Substantive rights are the basic, human rights of all humankind – rights that are unwritten but recognized universally as absolute and guaranteed by the very nature of our existence (Constitution Society). Constitutional rights are the legal rights reserved by a sovereign people in a written document – like a constitution – to protect against infringement by the government established therein ("Constitution"). Frequently, substantive rights and constitutional rights overlap. Indeed, our Founding Fathers built our Constitution largely upon certain substantive rights, otherwise known as natural, God-given, or inalienable rights. However, not all constitutional rights are substantive, nor are all substantive rights enumerated in the Constitution. .
Substantive rights not specifically mentioned in the Constitution include the right to food. Although the right to food is not a constitutionally guaranteed right per se, it is generally accepted to fall under economic rights, which Messer and Cohen explain is "linked to rights to land, work (just wages), health, [and] a clean environment.