A small charity that usually feeds about 100 homeless people a week in downtown San Diego said it is dissolving because it cannot afford to comply with new state regulations.

“It was the nail in the coffin,” Deliverance President Herbert Matcke said about a law that went into effect Jan. 1.

Created by Assembly Bill 2178, the law amended the California Retail Food Code and created a new registration requirement for charities.

Deliverance, formed in 2014 out of Murphy Canyon Chapel on Naval Base San Diego, had served up to 300 home-cooked meals to downtown homeless people every Friday night.


Attendance had been dwindling as some members were transferred to other bases, and Matcke and Treasurer Adam Ross said the board had questioned whether the group could continue even without the new law.

“They require things like restroom faciliities, handwashing stations and some other things that are beyond our resources,” Ross said about the new regulations. “We’re really small. Our budget is less than $7,000.”

Not wanting to violate the new law, the group used the last of its funds to buy 25 sleeping bags and 150 blankets, which they distributed Friday night along with dozens of water bottles while walking with wheeled carts from Sherman Heights to Tailgate Park outside Petco Park.

1 / 13 J.D. Smith and Greg Compher carry the blankets and sleeping bags they received from members of Deliverance San Diego, a homeless outreach ministry who also handed out bottles of water to homeless people living on the streets from Sherman Heights to East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 2 / 13 Hunter Hafner, a member of Deliverance, San Diego, a homeless outreach ministry, hands bottles of water and new blankets to Marcus Rouse in East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 3 / 13 Gary Marttila, a member of Deliverance San Diego, a homeless outreach ministry, hands a new blanket and sleeping bag to Jo Jo Kellum, in Sherman Heights. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 4 / 13 Members of Deliverance San Diego, a homeless outreach ministry pull wheeled carts carrying blankets, sleeping bags and bottles of water they handed out to homeless people living on the streets from Sherman Heights to East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 5 / 13 Glenn Michael, a homeless man living on the streets, holds the blankets and bottle of water he received from members of Deliverance San Diego, a homeless outreach ministry. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 6 / 13 Keisha Mimms becomes emotional as she tells her story of having her children taken from her and placed in a group home because she’s on the streets, to Camille Ross of Deliverance San Diego, a homeless outreach ministry, that was handing out bottles of water, blankets, and sleeping bags to the homeless living on the streets of East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 7 / 13 Keisha Mimms, who is homeless and Camille Ross of Deliverance San Diego, a homeless outreach ministry, right embrace, as Keisha told her story of having her children taken from her and placed in a group home because she’s on the streets. Members of the group walked the streets of East Village handing out new blankets, sleeping bags, and bottles of water to the homeless, when the encounter occurred. Camille said she consoled her, mother-to-mother. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 8 / 13 Camille Ross of Deliverance San Diego, a homeless outreach ministry, wipes a tear from her eye while taking to her husband, Adam Ross, carrying their nine-month-old son, Daniel, after she encountered and consoled Keisha Mimms, who is homeless, and told her story of having her children taken from her and placed in a group home because she’s on the streets. Members of the group walked the streets of East Village handing out blankets, sleeping bags, and bottles of water to the homeless, when the encounter occurred. Camille said she consoled her, mother-to-mother. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 9 / 13 Six-year-old Michael Ross who’s parents are members of Deliverance San Diego, a homeless outreach ministry, hands a new blanket to a homeless woman while the group was handing out bottles of water, sleeping bags and blankets to the homeless between Sherman Height to East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 10 / 13 George Hafner left, a member of Deliverance, San Diego, a homeless outreach ministry, hands new blankets to Bulu Little, right, in East Village.This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 11 / 13 Members of Deliverance San Diego, a homeless outreach ministry pull carts and carry blankets, sleeping bags and bottles of water along Commercial Street they handed out to the homeless living on the streets from Sherman Heights to East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 12 / 13 Members of Deliverance San Diego, a homeless outreach ministry unload blankets, sleeping bags and bottles of water they handed out to homeless people living on the streets from Sherman Heights to East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune) 13 / 13 Adam Ross, a member of Deliverance, San Diego, a homeless outreach ministry, wears a Deliverance shirt while handing out bottles of water, new sleeping bags and blankets to the homeless in East Village. This was the last time out for the group before shutting down because they say they can’t be in compliance with the new state law regulating charity feedings, which they did before the new law went into effect. (Howard Lipin / The San Diego Union-Tribune)


With rain predicted later that night, the sleeping bags were claimed within minutes, and the blankets and water were gone shortly after.

Heather Buonomo, program coordinator with the food and housing division of the San Diego County Department of Environmental Health, said the group may have misunderstood some of the rules and also might have found a way of complying with others.

Some type of hand-washing area is required, but a simple ice cooler with water and soap could qualify, she said.

Charities don’t have to provide a portable toliet, Buonomo said, but rather just have access to one nearby if they are going to be serving for longer than an hour.


“We’re big believers in partnering with these organizations,” she said. “We want to help them get to where they want to be. We’d like to encourage anybody doing feeding to reach out. We’re happy to work with them to find a solution that works for their charitable organiation.”

The law was intended to make it easier for small charities to operate legally, and Buonomo said she had not heard of any other nonprofit that was shuttering because of it.

Assembly Bill 2178 author Monique Limón (D-Santa Barbara) had said the law would encourage more charities to provide food for the needy while also creating a level of oversight to ensure they follow proper health guidelines.

Rather than having to obtain food-service permits usually associated with commercial kitchens, small nonprofits could register with their local municipalities as limited-service charitable feeding operations.


On Dec. 12, the county Board of Supervisors voted to waive the fee for limited-service charitable feeding registration and to waive the $300 health permit the charities also would need.

Ross, the treasurer for Deliverance, said the nonprofit also does not comply with a requirement in the law that food distributed in public must be prepared in a kitchen registered with the Department of Environmental Health.

It’s not a new requirement, Buonomo said, and small charities could comply by working with restaurants that provide kitchen space when not in use for free or for a small cost.

As the Deliverance crew of about a 20 people rolled their carts through downtown, people who recognized their bright green shirts walked up to ask for sleeping bags and blankets.


“They’re doing a good thing,” said Greg Compber. “All my stuff was stolen two nights ago. My sleeping bag and everything I own.”

Glen Michael lives in a shelter at Father Joe’s Villages but appreciated getting a blanket because his was stolen at the laundry and has not yet been replaced.

Almost everyone who took a sleeping bag or blanket appeared to bethankful and said “God bless you” to the volunteers. One of the Deliverance members stopped for several minutes to comfort and pray with a woman who sobbed as she explained how she once had a comfortable life but became homeless after a divorce.

On Commercial Street, the crew passed several tents and parked cars where people were spending the night. A boy of about 8 years old was playing on the sidewalk outside his family’s tent.


“I’ve seen a few times where children were out on the street,” Ross said. “That’s the hardest part.”

Distributing their goods took less than an hour, and the crew returned to the trailer they had parked on 22nd Street for their final assembly.

Matcke said he gets a good feeling out of helping others, but there’s always a frustration that comes with it.

“The saddest feeling is you can never do enough,” he said.


Buonomo said the county has no plans of taking action for at least six months against anyone in noncompliance with the new law to allow charities time to learn the new rules.

She said the county will not cite people for noncompliance, but could charge a $153 inspection fees for groups that continue to operate in violation of the law.

The county is holding informational sessions for nonprofits to learn more about the new law twice this month at its office at 5500 Overland Ave., San Diego.

The first is 2 to 4 p.m. Jan. 18 and the next is 8:30 to 10:30 a.m. Jan. 31. Call (858) 505-6900 to register.


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gary.warth@sduniontribune.com

Twitter: @GaryWarthUT

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