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MEMORANDUM OPINION AND ORDER - page 14 / 14

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Case 6:06-cv-01583-GAP-KRS

Document 88

Filed 09/26/2008

Page 14 of 14

Fla. State Conf. of NAACP Branches v. City of Daytona Beach, 54 F. Supp. 2d 1283, 1288 (M.D.

Fla. 1999).

Plaintiffs, however, have failed to demonstrate that the Ordinance implicates the right to

assemble. Under the terms of the Ordinance, Plaintiffs are free to assemble so long as they do not

serve food. Thus, the Court finds that the City is entitled to judgment in its favor on Count IV.

V. Conclusion

For the foregoing reasons, the Court finds in favor of Plaintiffs on Counts II and III.

Therefore, it is

ORDERED that Judgment shall be entered in favor of Defendant on Counts I, IV, V and

VI and in favor of Plaintiffs on Counts II and III. The City of Orlando is hereby

PERMANENTLY ENJOINED from enforcing the Large Group Feeding Ordinance, Code of the

City of Orlando § 18A.09-2, against Plaintiffs. The Clerk of the Court is directed to close the file.

DONE and ORDERED in Chambers, Orlando, Florida on September 26, 2008.

Copies furnished to:

Counsel of Record Unrepresented Party

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