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

Document 88

Filed 09/26/2008

Page 2 of 14

I. Preface

Lake Eola lies at the heart of downtown Orlando and is surrounded by Orlando’s signature

park. With its famous fountain, Lake Eola Park defines Orlando’s motto, “The City Beautiful.” It

is a serene haven in the midst of Orlando’s bustling urban center. It is also a place for gathering.

Whether it be families out for an evening stroll, a concert, or a political rally, Lake Eola Park is the

place to be. By the same token, it is a magnet for those wishing to express political protest. This

dispute involves the conflict between the public’s right to preserve the serenity of Lake Eola Park

and the First Amendment right to freedom of speech and the free exercise of religion.

  • II.

    The Parties

    • A.

      Orlando Food Not Bombs (“OFNB”) Plaintiff, Orlando Food Not Bombs (“OFNB”), is a loosely structured organization of

political activists,3 including anarchists, communists, vegans, and those generally opposed to war

and violence. Notwithstanding their diffuse political views, all OFNB members share in OFNB’s

core belief: that food is a right which society has a responsibility to provide to all of its members.

B. First Vagabonds Church of God (“FVCG”)

Plaintiff, First Vagabonds Church of God (“FVCG”), is a religious congregation comprised

for the most part of homeless Christians. Pastor Brian Nichols, who himself was homeless for a

time, founded FVCG in 2004 to minister to homeless Christians in downtown Orlando.

3For purposes of this Order, Orlando Food Not Bombs, Ryan Hutchison, Eric Montanez, Benjamin Markeson and Adam Ulrich will be referred to collectively as “OFNB” or the “OFNB Plaintiffs.”

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