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

Document 88

Filed 09/26/2008

Page 5 of 14

obtain a permit from the City. Code of the City of Orlando § 18A.09-2. “Large group feedings”

are defined as events that intend to attract, actually attract, or are likely to attract twenty-five (25)

or more people. Code at § 18A.01(23). The Ordinance limits the number of permits any person,

group or organization can receive to two per park within a twelve-month period. Code at §

18A.09-2(c).

Following the passage of the Ordinance, the OFNB Plaintiffs attempted to re-locate their

food sharing events to nearby locations that would be in compliance with the Ordinance, without

sacrificing visibility or having to limit their events to twice per year. See TR at 181-83. These

efforts proved futile, however, because officers with the Orlando Police Department informed

OFNB members that the Ordinance applied to areas adjacent to downtown parks as well as the

parks themselves, and in fact arrested OFNB member Eric Montanez for violating the Ordinance.8

TR at 181-82 and 199-200.

The Ordinance has also placed a significant burden on Pastor Nichols and FVCG.

Currently, FVCG’s congregation has approximately forty members. TR at 29. Nichols holds

services every Sunday at 1:00 p.m. in Langford Park, which is located within the GDPD. TR at

30-31. The services consist of songs, prayer, Bible readings and food sharing. Id. The breaking

of bread amongst the members of Nichols’ congregation is a Christian tradition and an integral

part of Nichols’ ministry. TR at 31.

After trying out several less suitable locations, Nichols chose to hold his services in

Langford Park because it is located in a serene setting and is equipped with a pavilion, grill,

8Mr. Montanez was acquitted of this charge after a jury trial. TR at 200.

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