On a steamy Monday afternoon, children played in the fountain in Lancaster city's Binns Park.

Downtown office workers came out to walk around, and people sat in the shade and ate their lunches.

And, as they do every Monday at lunchtime, Food Not Bombs members hung their banner on the park fence and offered free food to all.

The weekly spread includes vegetable soup, day-old bread, usually salad and whatever produce and baked goods stores and markets donate. People walk up and help themselves.

It's a community picnic, said Jim Belcher, who is involved with the group, that has little structure and no named leaders.

"We eat, and people can eat if they want to," Belcher said.

Former city Mayor Charlie Smithgall said he has no problem with the group or its mission.

He does, however, have a problem with serving food in Binns Park.

In its donation agreement with the city, the Binns family prohibited the preparation or dispensing of food in the park that bears their name. Smithgall was mayor when the agreement was negotiated and signed.

Smithgall further complained that the group was not following city health department rules for the distribution of the food. Servers were not wearing gloves or hairnets. There was a common ladle for the soup. There was no place to wash hands. There were no refrigerated cases, and flies landed on uncovered slices of pie.

"Health rules are passed for a certain reason, and that's to protect public health," said Smithgall, a pharmacist.

Smithgall, a Republican, is a candidate for city mayor in the November election. He faulted the current mayor, Democrat Rick Gray, for failing to uphold the city rules for the park and health department regulations.

"When you turn your back on one, how many other people are you going to turn your back on," Smithgall said of upholding the rules.

Gray, who defeated Smithgall four years ago, contended the rules for Binns Park prohibit the sale of food. Similarly, the health department regulations deal with restaurants, vendors, caterers and other commercial interests, he said.

On National Night Out last week, Gray said he was given hamburgers, hot dogs and a pulled-pork sandwich when he visited the more than a dozen block parties in the city. None of the people preparing food were wearing gloves or hairnets, Gray said.

And city health officials have scheduled a meeting with Food Not Bombs to educate the group about basic food safety, the mayor said.

"I think he is thinking small and not recognizing the broader implications of the problem, which was a hallmark of his administration," Gray said of Smithgall wanting to impose the rules on all groups.

Smithgall said he raised the issue because people still call him when they have problems or concerns with the city. Often, Smithgall said, they don't know who to talk to in City Hall or don't get satisfactory answers.

Smithgall said he has gotten at least five calls about Food Not Bombs in the park.

Neither Gray nor his chief of staff, Pat Brogan, said they have not gotten any complaints about the group.

Keith Staman, of Food Not Bombs, said they have not gotten any complaints recently either.

"The people that are complaining don't actually come and talk to us. The people that talk to me say it's a good thing," Staman said.

E-mail: bharris@lnpnews.com