FIRST VAGABONDS CHURCH OF GOD, AN UNINCORPORATED ASSOCIATION, BRIAN NICHOLS, ORLANDO FOOD NOT BOMBS, AN UNINCORPORATED ASSOCIATION, RYAN SCOTT HUTCHINSON, BENJAMIN B. MARKESON, ERIC MONTANEZ, ADAM ULRICH, PLAINTIFFS-APPELLEES, CROSS-APPELLANTS,
v.
CITY OF ORLANDO, FLORIDA, DEFENDANT-APPELLANT, CROSS-APPELLEE, NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY, AMICUS

11th Cir. | 2010-08-31
No. 08-16788
Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, BLACK, CARNES, BARKETT, HULL, WILSON, PRYOR and MARTIN, Circuit Judges.
616 F.3d 1229 Court of Appeals for the Eleventh Circuit (2010) Positive Treatment
Cited by 3 cases

Opinion of the Court
BY THE COURT:

BY THE COURT: A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel’s opinion is hereby VACATED.


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  • …al to act, the person is compelled to act)" and that under this standard “[l]aws that merely inconvenience religion do not create a substantial burden." First Vagabonds Church of God v. City of Orlando, 610 F.3d 1274, 1290 (11th Cir. 2010), vacated, 616 F.3d 1229 (11th Cir. 2010), reinstated in part, 638 F.3d 756 (11th Cir. 2011) (en banc) (reinstating the panel opinion as to, inter alia, the FRFRA claim). In First Vagabonds, the plaintiffs -- a church consisting mostly of homeless congregants and a nonprofi…
  • First Vagabonds Church OF GOD v. City OF Orlando, 638 F.3d 756 (11th Cir. 2011)
    …Act and the Equal Protection and Due Process Clauses. Id. at 1285-92. On August 31, 2010, we granted the petition for rehearing en banc filed by Orlando Food Not Bombs and vacated the panel opinion. First Vagabonds Church of God v. City of Orlando, 616 F. 3d 1229 (11th Cir.2010). We directed Orlando Food Not Bombs and the City to brief one issue: whether the ordinance as applied to Orlando Food Not Bombs violated the Free Speech Clause of the First Amendment. We later heard oral argument on that issue. II.…

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