Constitutional Law: Mention of Recent “Food Not Bombs” Appeal at Eleventh Circuit

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.