- Another headache for Mayor Reeves
- Legal letter demands charges dropped, policy changed within 14 days
A Pensacola attorney is threatening litigation against the city over what he characterizes as the unconstitutional arrest of a Food Not Bombs volunteer at Martin Luther King Jr. Plaza, raising serious questions about selective enforcement of city ordinances and First Amendment protections.
Jeremiah “JJ” Talbott sent a demand letter on Dec. 8 to Mayor D.C. Reeves, City Administrator David Stafford, and Acting Police Chief Kristin Brown regarding the Nov. 28 arrest of his client, Michael Kimberl. The incident occurred during Food Not Bombs’ weekly Friday night dinner at the plaza—a tradition the group has maintained at that location for nearly 14 years.
- “It is our position that this enforcement directly violates Mr. Kimberl’s rights under the First Amendment right, Fourth Amendment, his Fourteenth Amendment right to equal protection under the law, and his right to redress his grievances with the government,” Talbott wrote in the six-page letter. Read 12-08-25 ltr to City re CR viol_Final
Questionable Legal Basis
The arrest centered on City Ordinance 6-3-2, which references plaza “hours” but contains critical ambiguities. Talbott argues the ordinance “does not indicate that someone is forbidden to be in the plaza after sunset” and “does not provide any penalties for being in the park after dark.”
- According to the letter, the arresting officer explicitly told the group he was “not asking my client or the others to leave” but was only making them aware of closing times. Yet Kimberl was arrested for resisting arrest without violence when he didn’t immediately provide his driver’s license—despite having no legal obligation to do so during what the attorney characterizes as a consensual encounter.
“Surely the officer knew that my client’s actions do not meet the requirements of ‘resisting arrest without violence,” Talbott wrote.
Public Forum Protections
The legal argument hinges on MLK Jr. Plaza’s status as a traditional public forum. “Public parks and plazas are indisputably traditional public fora,” the letter states, citing multiple federal precedents including Perry Education Association v. Perry Local Educators’ Association.
- Talbott notes the plaza regularly hosts various community events and gatherings, making the enforcement against Food Not Bombs particularly suspect. “The City’s actions in this case, and their selective enforcement against Food Not Bombs and my client, while permitting other groups to use the Plaza for gatherings and events, demonstrates viewpoint or content-based discrimination,” he argued.
The Eleventh Circuit has specifically recognized Food Not Bombs’ activities as protected expressive conduct under the First Amendment. The grassroots movement shares free meals publicly as a protest against war, poverty, and environmental destruction—making the act of food sharing itself a form of political speech.
Talbott demands the city dismiss all charges and “rescind or cease enforcement of this unconstitutional policy within 14 days” or face litigation. He wrote in all caps: “PLEASE NOTE MY CLIENT IS NOT SEEKING A SPECIAL EXCEPTION UNDER THE LAW, BUT HE SEEKS THE UNIFORM APPLICATION OF HIS RIGHTS AND THE OPEN AND FREE USE OF PUBLIC PROPERTY.”
The letter also raises potential Section 1983 civil rights liability, noting “the City’s public support for the officer’s actions in this case, clearly establishes a Monell cause of action against the City.”
- A Monell claim is a lawsuit filed against a local government entity, such as a city or county, for violating an individual’s constitutional right.
