Oakes Farms Food & Distribution Services, LLC v. Gregory Adkins

CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 17, 2025
Docket23-13847
StatusPublished

This text of Oakes Farms Food & Distribution Services, LLC v. Gregory Adkins (Oakes Farms Food & Distribution Services, LLC v. Gregory Adkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oakes Farms Food & Distribution Services, LLC v. Gregory Adkins, (11th Cir. 2025).

Opinion

USCA11 Case: 23-13847 Document: 63-1 Date Filed: 09/17/2025 Page: 1 of 19

FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-13847 ____________________

OAKES FARMS FOOD & DISTRIBUTION SERVICES, LLC, FRANCIS A. OAKES, III, a.k.a. Alfie Oakes, Plaintiffs-Appellants, versus

GREGORY ADKINS, FREDRICK B. ROSS, MARY FISCHER, DEBBIE JORDAN, MELISSA W. GIOVANELLI, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:20-cv-00488-JLB-KCD ____________________

Before JILL PRYOR, GRANT, and MARCUS, Circuit Judges. USCA11 Case: 23-13847 Document: 63-1 Date Filed: 09/17/2025 Page: 2 of 19

2 Opinion of the Court 23-13847

GRANT, Circuit Judge: In spring 2020, the Covid-19 pandemic turned the world upside down. Alfie Oakes, the owner of a Florida farm and agriculture business, disagreed with the government’s response— strongly—and he was not afraid to say so. He took to Facebook, where he described the virus as a “hoax” perpetrated by “corrupt world powers and their brainwashing arms of the media” to dupe “lemmings” with “COVID programming.” Oakes also shared his opinions on other topics—the Black Lives Matter movement and George Floyd, to name a few. Oakes Farms had been selling fruits and vegetables to a local school district for years, and the school board grew worried that Oakes’s views about the pandemic betrayed a lax approach to food safety during a time when not much was known about Covid-19’s transmissibility. Worries deepened after requests for the farm’s pandemic protocols turned up nearly nothing, so the superintendent terminated the produce contract. Both Oakes and his farm sued, saying that the contract termination violated Oakes’s First Amendment rights. The district court saw things differently, and granted summary judgment to the school district. We agree. Although the owner was speaking as a citizen on important matters of public concern, the evidence shows that the school system’s interests in food safety were the reasons for its decision to break ties with Oakes Farms—not its bare disagreement with his political views. Had there been evidence that the real motivation was punishing USCA11 Case: 23-13847 Document: 63-1 Date Filed: 09/17/2025 Page: 3 of 19

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Oakes for these views, whether about Covid-19 or racial topics, it would be a different matter. But here, the evidence is not reasonably in dispute. We therefore affirm. I. Starting in 2015, Oakes Farms supplied millions of dollars in fruits and vegetables to Lee County schools, providing “apples, bananas, carrots, cucumbers, lettuce, oranges, pears and tomatoes.” By all accounts, the partnership worked, and on June 2, 2020, the school board unanimously voted to renew funding for another year. Earlier that spring, of course, the Covid-19 pandemic had arrived. Lee County school officials believed that the emerging disease was a “significant danger” to “all people” and was “easily transmitted,” but much remained unknown in the pandemic’s early days—recall stories of shoppers frantically wiping down groceries with disinfectant when they returned home, for instance. And in Lee County, like most everywhere else, schools physically closed their doors in March 2020 due to fears of transmissibility. To ensure that children did not go hungry in the meantime, the district offered both “drive up” and delivered meals. All that to say, school leaders were deeply concerned. Alfie Oakes had a different perspective. On June 6, 2020 (the Saturday after the Lee County contract renewal), he put up a new public post on his personal Facebook page. In that post, Oakes asserted that “not only OUR country’s economy but the entire world economy” had been “brought to ruins for no other reason USCA11 Case: 23-13847 Document: 63-1 Date Filed: 09/17/2025 Page: 4 of 19

4 Opinion of the Court 23-13847

than multitudes of men and women have allowed themselves to be controlled by deceit and fear.” “The corrupt world powers and their brainwashing arms of the media have proven the ability to program the masses,” he continued. And that, he believed, meant that many “lemmings” had fallen victim to “COVID programming.” Oakes did not stop at Covid-19. He also lamented that even though the “COVID19 hoax did not work to bring down our great President,” President Trump now faced “the black lives matter race hoax.” He proceeded to disparage George Floyd, who had recently been killed, as “a disgraceful career criminal, thief, drug addict, drug dealer and ex-con.” Oakes labeled Derek Chauvin—the Minneapolis police officer later convicted of second-degree murder for killing Floyd—“a 20 year public servant, who was unlucky enough to be the one having to deal with this drug addicted criminal, a true disgrace to our human race that represents all that is wrong with our society.” He next railed against the “liberal mindset that has been instilled in so many of our young generation,” which has “taught them to take no personal responsibility for their actions” and caused them to believe that “if they do not succeed than [sic] they must be a victim.” According to Oakes, these “lost souls without any direction or sense of purpose are so easily manipulated to blame others for their lack of self worth,” and they are who “we see looting our stores, burning down our cities, defaming our USCA11 Case: 23-13847 Document: 63-1 Date Filed: 09/17/2025 Page: 5 of 19

23-13847 Opinion of the Court 5

national monuments and disgracing the great men and women that built this country.” The district’s superintendent, Gregory Adkins, became alarmed. He says he worried that Alfie Oakes’s characterization of Covid-19 as a “hoax” could mean that there were food-safety issues and improper Covid precautions at his farm. At the district’s request, its procurement director asked Oakes Farms to “forward documentation of operating procedures and/or precautions taken by Oakes Farm[s] given the current COVID-19 pandemic.” But the company did not offer any direct information about Oakes Farms’ own practices. Instead, it sent a set of food-safety protocols on the letterhead of “Marjon Specialty Foods,” a different company that was its subsidiary. The school had no contract with Marjon Specialty Foods, and Adkins grew more troubled. That response was “inadequate” in his view, and more conversations with the president of Oakes Farms did not change his view. A former purchasing agent for the school district testified that around the same time the school’s procurement director told him that another staffer (it was not clear who) had instructed the director to “find what we need to cancel this contract.” In the end, “Oakes Farms’ perceived lack of concern regarding the easy transmission of COVID-19 and Mr. Oakes’ belief that COVID-19 [was] not real” were, Adkins explained, at odds with the school district’s “concerns for the health, safety, and welfare of the children” entrusted to its care “and the community USCA11 Case: 23-13847 Document: 63-1 Date Filed: 09/17/2025 Page: 6 of 19

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at large.” He terminated the Oakes Farms produce contract a few days after the Facebook post. Adkins and his chief of staff held one-on-one meetings with each school board member shortly after he decided to terminate the contract because he wanted to inform them before it hit the news. And Adkins has consistently stated that he was the final— and only—decisionmaker. It’s no surprise that the public heard about Oakes’s Facebook post too—within a day it received nearly 3,000 comments, 1,400 reactions, and 877 shares. A petition calling for the contract’s termination garnered over 17,000 signatures on Change.org.

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Oakes Farms Food & Distribution Services, LLC v. Gregory Adkins, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakes-farms-food-distribution-services-llc-v-gregory-adkins-ca11-2025.