The 11th Circuit today reaffirmed its conclusion that food sharing amounts to First Amendment expression in the context of feeding the homeless. It was given the opportunity to review a regulation by Fort Lauderdale that required a permit before an entity could begin a food sharing program within the city parks. The Court concluded that "The Park Rule bans social service food sharing in Stranahan Park unless authorized pursuant to a written agreement with Fort Lauderdale (the "City"). That's all the rule says. It provides no guidance and in no way explains when, how, or why the City will agree in writing. As applied to FLFNB's protected expression, it violates the First Amendment. It is neither narrowly drawn to further a substantial government interest that is unrelated to the suppression of free expression, nor, as applied, does it amount to a reasonable time, place, and manner regulation on expression in a public forum. Accordingly, we reverse the district court's order granting summary judgment in favor of the City and remand for further proceedings consistent with this opinion." https://media.ca11.uscourts.gov/opinions/pub/files/201913604.pdf
Charles W. Thompson, Jr.
Executive Director/General Counsel
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