A Missouri grandmother has refused to cease providing free daily breakfasts to her community despite a cease-and-desist letter from the local health department threatening legal action. Kathy Kite, 55, began serving meals from her Harrisburg home in May after the gas station where she works stopped offering breakfast after COVID-19.
Kite told Fox News that she starts preparing food at 3:30 a.m. daily, offering items like breakfast burritos, sausage biscuits, egg sandwiches, scrambled eggs, and bacon to residents of the town of about 300 people. She does not charge for the meals and views the effort as a way to show love and appreciation for her neighbors.
Health Department Intervention
In early July, Kite received a letter from the Columbia/Boone County Public Health and Human Services Department. The letter stated that the department had received a complaint from someone who allegedly became ill after eating her food. To continue serving meals, Kite was informed she would need to obtain a food permit, which would require installing a commercial kitchen, submitting paperwork, and paying associated fees.
Kite expressed distress over the letter, telling Fox News that she feared potential fines and jail time. She estimated that complying with the department's requirements would cost hundreds of thousands of dollars, which she cannot afford for her 115-year-old home. She invited health officials to inspect her home, asserting that her cooking space is clean and she is not acting improperly.
Legal Representation and Constitutional Claims
The health department stated that no citations or cease-and-desist orders were issued, and its role is to promote safe food practices. However, the department also noted that Kite's home had an open sign, a tip jar, advertised food on social media, and a sign in her yard, which they consider indicators of a food establishment.
Kite has since retained attorney Dave Roland of the Goldwater Institute. Roland's response to the health department argued that the demands may violate constitutional rights, asserting Kite's right to host guests and offer food on a non-commercial basis. The attorney pointed out that violations of the food code Kite was accused of are classified as a Class A misdemeanor in Missouri, punishable by up to a year in prison and a $2,000 fine.
Roland requested further details on how Kite's actions violate the law and inquired about any steps she could take to continue providing free food without obtaining a permit.