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MEMORANDUM OPINION AND ORDER - page 9 / 14

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

Document 88

Filed 09/26/2008

Page 9 of 14

the incidental restriction on OFNB’s First Amendment freedoms is no greater than is essential to

further that interest.

In support of the Ordinance, the City professes three concerns: (1) public safety (in

particular, crime); (2) public health (litter and excess garbage); and (3) overuse of the City’s parks

(including crowding and access issues).

With respect to public safety, the City presented evidence at trial that crime in downtown

Orlando increased slightly from 2005 to 2006. TR at 183. However, the City made no showing

that any of this crime was related to large group feedings. For example, there was no evidence

presented of crimes committed on the days of the feedings, in the immediate vicinity of the

feedings or by people who participated in the feedings. Furthermore, there is absolutely no

evidence of crimes being committed during the feedings. Moreover, even if there was a

connection between the feedings and crime, there is no evidence that moving the feedings to

different parks around the City would lessen the amount of crime.

Similarly, there was no evidence presented that there is any problem with littering or

garbage in the parks, let alone one connected to group feedings. In fact, the evidence presented

shows that OFNB does not use disposable items at their events, that they clean up when they are

done and that they leave the park cleaner than it was when they arrived. TR at 197-98. The City

also argues that, even if litter is not left on the ground, group feedings in the park result in more

garbage which must be collected by the City. TR at 378. Again, there is no evidence that the

amount of garbage to be collected has increased as a result of large group feedings. Furthermore,

even if there were an increase in garbage, moving the feedings from one park to another does

nothing to lessen the garbage collection burden placed on the City.

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