A state district judge this week dismissed a lawsuit a local activist filed last year against Houston’s ordinance regulating the charitable feeding of the city’s homeless, but the case is proceeding on with a new plaintiff.

Phillip Paul Bryant’s original lawsuit had said the 2012 law infringed on his ability to live his Christian faith by limiting how he could care for the poor, but city attorneys argued Bryant lacked the legal standing to challenge the law, as he had not been cited under it.

The ordinance requires advocates to obtain permission from property owners - public or private - before giving away food to more than five people in one setting.

A new plaintiff, Shere Dore, was added to the case last week, and the updated court filings describe a Christmas Eve 2016 incident in which the city allegedly confiscated food Dore was trying to give to the homeless.

“It’s just sad that the city would actually take stuff away, on Christmas Eve of all days,” said Dore’s attorney, Eric Dick, adding that he expects more plaintiffs to join the case. “They were giving the homeless clothing and blankets and food.”

City officials have described the ordinance as a way to uphold food safety, protect the rights of private property owners and limit litter, but some homeless advocates view it as a way to regulate or restrict the practice of charity.

The lawsuit echoes critiques of the ordinance first advanced six years ago, when former mayor Annise Parker proposed it.

mike.morris@chron.com

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