First Free Food Conviction in San Francisco history, Sentencing Hearing. On Thursday February 24 at 4 p.m. at Dept. 17, Municipal Court, at 850 Bryant St. in the Hall of Justice, Robert N. Kahn, also known as "Bathrobespierre Robert" (because he sports a bathrobe and teddy bear when sleeping out in homeless demonstrations), will be sentenced for violating a 1989 Superior Court Injunction. He faces up to 6 months in jail and has declared he will refuse probation since that would require agreeing not to continue serving hungry people with FNB. BACKGROUND [The Injunction under which Mr. Kahn was convicted in the first-ever jury trial for free food distribution in a major urban city bars Food Not Bombs, a food distribution group, from serving free food anywhere in the city and county of San Francisco "without appropriate permits."] [It was secured in the summer of 1989 when FNB operated a 24-hour food service in support of "Tenement Square", a homeless encampment in Civic Center. FNB members contend that then-Mayor Art Agnos engineered the Injunction to eliminate the embarrassment of homeless people publicly challenging what they term the city's "no sleep for the homeless" policies, under the very balcony of the Mayor's office. FNB supporters note that after many months of negotiations and court pressure on city officials, they secured both Park and Health permits.] [In July 1990, the Recreation and Parks Commission changed its rules eliminating the permit process for any regular food serving in public parks. Police have made more than 400 arrests under the Injunction, regularly destroying food and jailing soup servers say FNB attorneys, but no previous cases have been brought to trial. The District Attorney's office has issued letters on several occasions refusing to prosecute.] [Beginning in September 1993, under the Jordan administration "Matrix" program, FNB members were again arrested. In September 3 priests and a nun were taken to jail in handcuffs for serving free food. Members of FNB adopted different tactics--sneaking in small quantities of food, distracting police officers with philosophical discussions, and serving food from the middle of the fountain (where police were loathe to arrest). THE TRIAL Mr. Kahn contends the jury was unable to hear important evidence. His principle witness, Mr. Keith McHenry, a founder and long-time negotiator for FNB, was abruptly jailed on $45,000 bail the day that testimony in Kahn's trial began, and was released, as abruptly, several hours after it ended without bail, the judge saying it was "a mistake". The jury was prevented from seeing evidence that then- police chief Frank Jordan, when running for Mayor in the fall of 1991, held food giveaways in public parks ("Franks for Frank!") without applying for the permits allegedly necessary to "legally" give away food. The jury was instructed to regard the court order as "lawful" even though all previous contempt charges brought under it were dismissed in 1991 by Superior Court Judge, who found that it would be impossible for FNB servers to obey the injunction, given the lack of a park permit process at that time. The judge refused to entertain the defense of "necessity" (that any 'harm' done was counterbalanced by the need of impoverished people living out of doors to have regular hot food). He refused to consider the defense of "equitable estoppel" (that since the Injunction was not enforced from January 1992 to August 1993 when FNB served twice daily in Civic Center plaza), it was unfair and unreasonable to suddenly begin enforcement as part of Mayor Jordan's "Matrix" program agenda. The judge declined to allow extensive expert testimony about homeless food needs and the inadequacy of existing food services. He refused to allow testimony that not one case of sickness or genuine health complaint has ever been made regarding FNB in its million+ meals in San Francisco since 1988. The jury was also cautioned not to vote its conscience, but to adhere to the letter of the law. Attempts to subpoena Parks & Recreation official Mary Burns on the key issue of the lack of Park Permit process were thwarted by Ms. Burns abrupt departure for Disneyland. The Court declined to sanction Burns or compel her to be present. Presented at trial was the "Free Eats" chart, distributed by the Police and the City Department of Social Services which lists FNB twice-daily meal as a place for homeless and hungry people to eat. The cost of the trial (according to the San Francisco Weekly) was over $15,000 and it is the first of some 30 cases currently slated for jury trial in the months to come. SUPERVISOR HALLINAN TO TESTIFY The Sentencing Hearing for Mr. Kahn by Judge Robert Barclay will hear testimony from Supervisor Terrance Hallinan, which will include his involvement in the City's bad faith politically- motivated refusal to issue FNB permits in spite of FNB's on-going attempt to secure permits. He is expected to discuss the two fall resolutions by the Board of Supervisors seeking to legalize Food Not Bombs, which were ignored by the Recreation and Parks Department. President of the Board Angela Alioto is expected to support Mr. Kahn with a sentencing letter urging leniency. Also testifying will be Coalition on Homelessness coordinator Paul Boden and long-time FNB attorney Sarge Holtzmann. Mr. Kahn says he will refuse any offers of probation, since that would prevent his serving free food at Civic Center. The District Attorney is asking for six months jail for Mr. Kahn. Food Not Bombs continues to serve daily at 6 PM and weekdays at noon at Civic Center Plaza and requests those willing to cook, serve, transport, and assist to contact them at 330-5030. Feb 25, San Francisco, Andrew Rose Robert Norse Kahn was sentenced yesterday to two months in jail for misdemeanor contempt of court. Mr Kahn served food to hungry people at Civic Center Plaza in San Francisco, in violation of a court ordered injunction against Food Not Bombs or its agents serving hungry people. The legality of the injunction is still under review. The legality of the MATRIX program, which is Mayor Jordan's administration's plan to solve the homeless 'problem' by arresting and harrassing anyone poor, and by criminilizing homeless people and people who help them, has been questioned by the ACLU, and the judge needs to answer some concerns regarding this before March 8. The ACLU has succesfully struck down similar programs in Miami FL and Santa Ana CA. Mr Kahn's sentence is suspended, he is free, through his appeal process.