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Florida RFRA Challenge To Park Feeding Ordinance Dismissed

By Howard M. Friedman

In First Vagabonds Church of God v. City of Orlando, 2008 U.S. Dist. LEXIS 49314 (MD FL, June 26, 2008), a Florida federal district court rejected a challenge under Florida's Religious Freedom Restoration Act (FRFRA) to Orlando's Large Group Feeding Ordinance. The Ordinance requires a permit to feed more than 25 people in a downtown city park, and limits any group to two permits in a 12 month period. First Vagabonds Church of God holds services every Sunday in Orlando's Langford Park, and sharing food is part of the service. The Ordinance effectively requires that the Church rotate its services among downtown parks, or hold them outside of the downtown area. The court held: "Clearly, the ordinance places a significant burden on FVCG's services. However, it does not rise to the level of a substantial burden as defined by FRFRA." Last week's Orlando Sentinel reports that other counts alleging restrictions on freedom of speech and assembly remain to be decided. The Orlando Sentinel also covered some of the testimony in last week's bench trial of the case. (See prior related posting.)

Full post as published by Religion Clause on July 02, 2008 (boomark / email).