Jimenez, et al v. City of Daytona Beach

(M.D. Fla. 2016).

Founders of Spreading the Word Without Saying A Word Ministry were arrested by the Daytona Beach Police Department for trespassing and using Manatee Park without a permit while attempting to minister to people experiencing homelessness through sharing food as an expression of their religious faith. After the City dropped the charges, it denied the couple a permit to continue their outdoor food sharing ministry in public parks. Our suit alleged that the park rules prohibiting food sharing infringed on their First Amendment right to express their religious message, and their Fourteenth Amendment due process rights for failing to provide an opportunity to challenge the trespass warnings that banned them from returning to a public park.

In a settlement agreement, the City agreed to change its policies and procedures to permit our clients to share food outdoors in City parks, to rescind the trespass notices that were improperly issued in the City parks, to issue directives to its police officers that no City trespass warnings can be issued in City parks, and to pay damages. Co-counsel was Legal Advocacy Center of Central Florida.