In a ruling that partially overturned the district court's decision, a panel of the 11th Circuit yesterday upheld an Orlando, FL ordinance limiting large-group feeding in local parks. A church group that had been using the park to feed the homeless as part of its ministry sued, claiming the law violates both their Free Exercise rights and the Florida Religious Freedom Restoration Act.
The District Court sided with the city on the question of RFRA – saying the restriction is not a substantial burden on the ministry – but took the church's side as to Free Exercise and other claims. In a reversal, the appeals court overturned the Free Exercise portion of that decision, saying:
The Ordinance is a neutral law of general applicability that serves a rational basis; we cannot approve the district court’s conclusion to the contrary.
…
The City contends that the Ordinance furthers its legitimate interest in improved preservation and management of its parks, including distributing among parks and their adjacent neighborhoods the impacts of large group feedings. We accept that the City’s asserted interests are legitimate ones for a municipality.
The Orlando Sentinel reports on the reaction of homeless advocates.
