Agenda - Planning Commission - 12/06/2018

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October 25, 2018 I Volume 12 I Issue 20 Zoning Bulletin including "outdoor food distribution centers" —and prohibiting or conditionally permitting those uses in certain zoning districts —violates the First Amendment rights of free speech and free association. The Background/Facts: Fort Lauderdale Food Not Bombs ("FLFNB") is a non-profit organization that hosts weekly events at a public park in the City of Fort Lauderdale (the "City"). The events include the setting up of a banner with the organization's name and emblem, as well as a table at which passersby are invited to join in sitting down to enjoy vegetarian or vegan food. FLFNB does not serve the food as a charity, but rather does so to communicate its message "that [ ] society can end hunger and poverty if we redirect our collective resources from the military and war and that food is a human right, not a privilege, which society has a responsibility to provide for all." FLFNB's provision of food in a visible public space, with its members partaking in meals that are shared with others, is "an act of political solidarity meant to convey the organization's message." In 2014, the City enacted an ordinance that restricted this food sharing. Specifically, the City enacted an ordinance (the "Ordinance") that amended the existing Uniform Land Development Regulations to define and regulate "social service facilities," which include "outdoor food distribu- tion centers." "[O]utdoor food distribution centers" were defined as "[a]ny location or site temporarily used to furnish meals to members of the public without cost or at a very low cost as a social service . . . ." The Ordinance placed restrictions and requirements on outdoor food distribution centers, and restricted areas in which the use was permitted. Depending on the specific zoning district, a social service facility could be permitted subject to City review, not permitted, or require a conditional use permit. The public park at which FLFNB hosted its events was zoned such that a conditional use permit was required for social service facilities. To receive a conditional use permit, applicants had to demonstrate that they would meet a list of requirements set out in the Ordinance. The City's "Parks and Recreational Rules and Regulations" also regulated social ser- vices, prohibiting, for example, food provisions without authorization pur- suant to a written agreement with the City. After the City enacted the Ordinance, FLFNB and some of its members (hereinafter, collectively "FLFNB") filed a lawsuit against the City. They alleged that the Ordinance and the related park rule violated their First Amendment rights of free speech and free association. Finding there were no issues of material fact in dispute, and deciding the matter on the law alone, the district court granted summary judgment in favor of the City. The court held that F'LFNB's outdoor food sharing was "not expressive conducted protected by the First Amendment." FLFNB appealed. DECISION: Judgment of district court reversed, and matter remanded. The United States Court of Appeals, Eleventh Circuit, held that 6 © 2018 Thomson Reuters