Occupy Pensacola will have another in federal court, thanks to an opinion issued on its appeal to the U.S. Court of Appeals for the 11th Circuit. The appellate court let stand the decision regarding the city of Pensacola’s tent ordinance, but remanded to the federal court in Pensacola the issues regarding the First Amendment rights raised by the group.
Based on this study of the record, and aided by the briefs and oral presentation of counsel, we must conclude that, putting aside its arguments concerning tenting as symbolic speech, Occupy has raised and preserved adequately allegations that its core First Amendment rights have been violated. On remand, the district court must address these arguments. We think it also appropriate for that court to address in the first instance any questions of standing with respect to these allegations. Of course, we express no opinion on the merits.