In all of the recent hubbub within my practice — including some travel — I neglected to acknowledge the exciting surrounding the Food Not Bombs appeal before an en banc panel of the Eleventh Circuit. Following a good result from the District Court that granted injunctive relief versus the City of Halifax’s ordinance that severely restricting sharing food with the homeless in Downtown parks, the original three-judge panel at the 11th Circuit surprisingly (by a 2-1 margin) reversed — thus yielding a victory for the City. Is vindication on the way? The 11th Circuit then order en banc consideration — this occurred last Tuesday among 11 judges. Hopefully, this full panel will reverse, and thus return this issue to the solid foundation provided by the District Court — one based upon the Due Process Clause of the Fourteenth Amendment and the Free Speech/Assembly protections of the First Amendment.
Acknowledgment should be paid to the attorney for Food Not Bombs, Ms. Jacqueline Dowd.