The City of Buffalo Common Council Meeting: 05/31/22 02:00 PM

1413 City Hall Department: Common Council

Buffalo, NY 14202 Category: Resolution
Prepared By: Jim Montour
REVIEWED Initiator: Jim Montour
Sponsors: Masten District Council Member Ulysees O. Wingo Sr
AGENDA ITEM (ID # 18923) DOC ID: 18923

Wingo - Ensuring that Food Donations Intended to be Free,

Service Those in Need
Whereas, a food desert is defined as an urban area in which access to affordable or quality
fresh foods is extremely limited or prohibitive;

Whereas, Buffalo’s east side has often been referred to as a food desert because of the scarcity
of options for fresh and healthy foods;

Whereas, The Jefferson Avenue Tops Market was a store that residents had requested for years
and has serviced an area that had otherwise been a food desert for about two decades;

Whereas, on May 14th, 2022, a gunman killed 10 and injured 3 in a racially motivated hate
crime at the Jefferson Avenue Tops Markets;

Whereas, with the Jefferson Tops being shut down while law enforcement agencies investigate
the events of May 14th, the surrounding community has been left without immediate access to
healthy and fresh food options, medicine, and other vital items that the Jefferson Avenue Tops
provided;

Whereas, in response to this urgent need, Buffalo, its surrounding communities, and others
across America have come together to offer donations of food and other vital goods to residents
of the east side community;

Whereas, a large level of support has come from local organizations and churches that are
meeting the challenge of feeding their neighbors;

Whereas, organizations from outside the community, such as FeedMore WNY, World Central
Kitchen, and others have been pivotal in logistical support, supplying food, providing personal
hygiene products, and cleaning supplies to the community;

Whereas, it has been reported from several sources that there have been food stores that have
been exploiting the various programs offering free food and supplies to residents by taking these
free items and subsequently selling them from within their stores;

Whereas, this unethical behavior blatantly exploits the generosity of the various organizations
trying to serve the community and shows a complete disregard for the extreme loss of life and
trauma, residents have faced during this time of great need;

Now therefore be it resolved that the Buffalo Common Council hereby

1.) Requests that the Department of Permits and Inspections conduct regular inspections of all
food stores within a reasonable radius of the Jefferson Avenue Tops, and to suspend the food
store license of any business found to be selling donated products that were intended to be
consumed for free;

Updated: 5/23/2022 12:16 PM by Jim Montour Page 1

Agenda Item (ID # 18923) Meeting of May 31, 2022

2.) Further requests that the Department of Permits and Inspections suspend the food store
license, issue a cease and desist order, and immediately schedule a hearing for the revocation of
said license for any food store that is found to sell donated goods within the City of Buffalo;

3.) Directs the City Clerk to send a copy of this resolution to the NYS Attorney General, City Of
Buffalo Police Department, City of Buffalo Department of Permits and Inspections, City of
Buffalo Corporation Counsel, and the Office of the Mayor.

Updated: 5/23/2022 12:16 PM by Jim Montour Page 2