SF judge tosses case of man ticketed for eating pizza at bus stop

Daniel McHugh, 64, sits outside traffic court Tuesday in San Francisco, where a ticket he got in March for eating pizza at a bus stop was dismissed by a judge. Daniel McHugh, 64, sits outside traffic court Tuesday in San Francisco, where a ticket he got in March for eating pizza at a bus stop was dismissed by a judge. Photo: Evan Sernoffsky / The Chronicle / / Photo: Evan Sernoffsky / The Chronicle / / Image 1 of / 4 Caption Close SF judge tosses case of man ticketed for eating pizza at bus stop 1 / 4 Back to Gallery

For more than three months, Daniel McHugh has been carrying around a $234 financial burden in the form of a ticket he got for eating a piece of pizza at a San Francisco bus stop.

But relief came Tuesday when the police officer who dinged the 64-year-old formerly homeless man was a no-show in court.

A San Francisco Superior Court judge had no choice but to dismissed McHugh’s case, ending the widely publicized matter, which outraged advocates for the city’s homeless.

“I’m very, very grateful this is over,” McHugh said after sitting through more than 40 other cases for an hour in the traffic court.

The episode happened March 5 when McHugh bought a female friend a simple but thoughtful birthday present: a slice of sausage, pepperoni and pineapple pizza from Chico’s Pizza at Sixth and Market streets.

His friend, he said, is from Hawaii and insisted on the pineapple.

“Little things mean the most,” he said. “When you have a birthday it’s important — especially when you’re homeless.”

The two were enjoying their pizza with some other people at a bus stop near Seventh and Market when, he said, San Francisco police officers approached them.

His buddies scattered, but thinking nothing was awry, McHugh said he stayed to finish eating his pizza.

“The officer ran a background check, found no warrants and cited me for eating pizza,” McHugh said Tuesday. “I have nothing against him personally, but it was embarrassing.”

The offense was described on his citation as “eating in the shelter.”

Rather than shell out the cash for the ticket — which he didn’t have — McHugh decided to fight the infraction in court. And he wasn’t alone: Dozens of advocates from San Francisco’s Coalition on Homelessness showed up Tuesday to support him.

Police are “sending a signal that you are not allowed to be homeless in San Francisco,” Bilal Ali said outside the courthouse, while fellow advocates for the homeless held signs and ate pizza in solidarity with McHugh. “We’re here today sending a signal that we’re not going to stand for that.”

With the help of advocates, McHugh, a former cab driver, has since receiving the ticket moved into a studio apartment on Eddy Street in the Tenderloin.

He had a speech prepared Tuesday, but when the judge told him his case was dismissed, he kept it short. “Go, Warriors,” he said.

Evan Sernoffsky is a San Francisco Chronicle staff writer. Email: esernoffsky@sfchronicle.com Twitter: @EvanSernoffsky