Is it illegal in Ohio to give homemade food to the homeless? Here’s what the law says

There’s nothing better than a hot, home cooked meal made by someone who cares. Likewise, there’s also nothing better than making and giving a homemade meal to someone who needs it.

However, if you live in Ohio, there are some things to know before you go handing out your homemade meatloaf or green bean casserole. For example, it might actually be illegal.

Here’s what to know:

Is it legal to give homemade food to Ohio homeless?

According to a Dayton, Ohio city ordinance, you must have a permit before handing out any meals to the homeless.

Under the ordinance, it is “against the law to prepare or distribute food, clothing or toiletries in a public place within the central area of the city without a city permit.”

In parts of northeast Ohio, a city permit is also required to give out food on public squares.

Mahoning County does not have any specific laws against passing out free homemade food, but the state’s good Samaritan law and cottage food protection would apply.

The good Samaritan law says if you donate food in good faith, you are not liable if the food harms someone. Cottage food protection applies to food prepared at home for commercial use or sales, but shows that non-hazardous food preparation does not require a permit. The same would apply to donated food.

Ohio penalties

So, what happens if you do don’t abide by this?

If you get caught handing out food to the homeless without a permit in city limits, you’ll be found in violation of the ordinance, which results in a fourth-degree misdemeanor.

Several citizens in protest of the ordinance have said they feel this “violates her First Amendment right to freedom of assembly.”

So, why the rules for a basic act of kindness? Some may argue that the homeless “become dependent on these activities, leading them to stay on the streets instead of seeking the help and support they truly need.”

Other reasons include sanitary issues or foodborne illness outbreaks.

Are you surprised by this? Let me know in the comments or email me at cmadden@mcclatchy.com

Chelsea Madden

The Telegraph

Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.