8th Circuit

What A Load Of Bologna! 1st Amendment Doesn't Protect Absolute Right To Feed The Homeless

My Bologna has a first name, it's S P E E C H!

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cheesy

Imagine this, but warm bologna.

The First Amendment wears many hats in our legal tradition. It’s why most Con Law outlines (the good ones at least) bear the traces of   black arm bands, campaign spending and Jesus taking bong hits.

But not all Jesus-related activity falls solely under the umbrella of speech. The First also covers the freedom to express one’s religious beliefs. And while the protection is hallowed, it is not absolute. One of those not-so-free exercise of religion examples? Feeding the homeless without an ice cooler.

A pastor and his assistant who were ticketed but not prosecuted for handing out bologna sandwiches to homeless people have lost their First Amendment lawsuit against the city of St. Louis.

The 8th U.S. Circuit Court of Appeals at St. Louis ruled Oct. 12 that the city ordinance governing the distribution of “potentially dangerous food” did not violate the plaintiffs’ First Amendment rights under the free exercise and free speech clauses.

Pastor Raymond Redlich and his assistant, Christopher Ohnimus, were ticketed on Halloween 2018 for handing out the sandwiches stored in a cooler with no ice. Redlich is vice president of the New Life Christian Evangelical Center.

I think I’ve figured out why this case went bad for the church. I know that the violation happened back in 2018, but this is 2022 people!

You’ve got to lean hard into the religious liberty or death arguments if you want to clearly violate a law and face no consequences. Less commonsense lawyering and more Bremerton/Anti-Mask rhetoric. Where were the MY SANDWICH, MY CHOICE signs? The hot take think pieces comparing preventing the health risks of trichinosis to chattel slavery?

I get wanting to ensure food safety, but come on — we’re talking about bologna here. That mysterious lunch meat is up there with honey and roaches when it comes to ranking the things most likely to survive armed nuclear conflict. I’d bet an unrefrigerated bologna sandwich with a bit of mustard has a better chance of boosting immune systems than it does compromising them.

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Thankfully, the decision doesn’t mean that the church won’t be able to spread the gospel via luncheon meat any longer. They just have to do so in line with basic food safety.

The 8th Circuit said the plaintiffs could share their religious messages in other ways, including the sharing of nonhazardous foods with those in need.

While adding ice to the sandwich cooler is admittedly an extra step, there’s no way that a court ruling you can’t give out room temperature Oscar Mayer sandwiches is that big of a hurdle for those hellbent on spreading the gospel. Helping the homeless in a way that doesn’t give them the runs is a small ask after all. Make a quick mention of needing ice when the collection plate gets passed around and I’m sure business will resume as usual.

In the meantime, remember this law students: you may have to factor in the state’s legitimate use of its police powers when determining if the First Amendment prevents prohibitions on specific forms of speech. And for the clergy reading this: no, saying three Hail Mary’s over sandwiches does not count as delivering them from the evils of poor food storage.

8th Circuit Upholds Food-Safety Law In Suit By Pastor Who Gave Bologna Sandwiches To Homeless People [ABA Journal]

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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.

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