Atlanta sizzles as court keeps Georgia food and water restrictions near polling places

ATLANTA, Ga. (Atlanta News First) — As temperatures climb in metro Atlanta and the rest of Georgia, a federal judge has declined to temporarily block a key part of Georgia’s election law that restricts giving food and water to voters waiting in line near polling places.

In a Thursday order, U.S. District Judge J.P. Boulee denied a renewed request for a preliminary injunction targeting the state’s elections law’s “food, drink and gift” ban, ruling the plaintiffs had not shown the court could grant effective relief against the officials they sued.

The food and water ban is part of SB 202, a law passed by the Georgia legislature in its 2021-22 session after the tumultuous 2020 presidential election and its aftermath.

The measure banning water at polling stations drew national ridicule from entertainers such as Larry David, whose final season of Curb Your Enthusiasm featured the comedian being arrested for giving a bottle of water to a voter standing in line outside a polling place.

The plaintiffs in this most recent challenge were the Sixth District of the African Methodist Church against Georgia Gov. Brian Kemp and the Republican National Committee, and the Georgia State Conference of the NAACP against Secretary of State Brad Raffensperger.

The groups were arguing the law’s criminal penalties chill their “line relief” work, such as handing out food or water, because they fear prosecution.

But Boulee ruled those who were sued, such as the secretary of state and others, aren’t the ones who can prosecute crimes under this law. In Georgia, district attorneys decide whether to bring criminal charges. The plaintiffs did not sue any district attorneys.

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