Thursday, April 17, 2008

Claims Against Permit Requirement For Feeding Homeless In Park Move Ahead

In First Vagabonds Church of God v. City of Orlando, 2008 U.S. Dist. LEXIS 30842 (MD FL, March 31, 2008), plaintiffs claim that the City of Orlando (FL) violated their religious exercise, expression and assembly rights by enacting an ordinance requiring them to obtain a permit to conduct any "large group feeding" in the city's Greater Downtown Park District. Any group is limited to two permits per year. The court rejected defendants' motion for summary judgment, holding that there were sufficient issues of fact to go to trial on claims under the Florida Religious Freedom Restoration Act and First Amendment. The court dismissed equal protection and due process challenges.