Is this a standard, time, place, manner restriction with pretty standard "police powers" to regulate public health? Would the church members be allowed to hold a public march on the same parkway, or leaflet cars on the parkway?
This story almost sounds like some final exam question in a First Amendment course. ---------------------- Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, NY 12208-3494 518-445-3386 (o) 518-445-3363 (f) www.paulfinkelman.com From: [email protected] [mailto:[email protected]] On Behalf Of James Edward Maule Sent: Wednesday, July 11, 2012 10:35 AM To: Law & Religion issues for Law Academics Subject: Ban on Feeding Homeless For those not picking up on Philadelphia area stories, this might be of interest, perhaps especially to those researching and writing in the area. For some time, religious and other organizations have been feeding homeless people at outdoor sites in Philadelphia. Citing public health and other concerns, the city banned the practice. The religious organizations have challenged the ban, claiming that it violates their (and their members') First Amendment free exercise rights ("What they will not compromise on, however, is what they described as a God-directed mission to minister to the needs of homeless people where they live - on the parkway.") Yesterday testimony concluded, and oral argument will now take place. Enforcement of the ban has been stayed pending the litigation. http://www.philly.com/philly/news/breaking/20120710_Nutter__Ban_on_feeding_part_of_plan_to_end_homelessness.html Jim Maule Professor of Law Villanova University School of Law [email protected] http://vls.law.villanova.edu/prof/maule
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