httpready problem on Apache httpd restart on FreeBSD?

I believe it's one of two things. Either Apache doesn't close the previous connection before opening the new listening socket (or it might even recycle the old) or the Kernel associates filter use with a PID instead of a socket (which would be weird at best). Definitely something not right but I'm not sure if it's in Apache or the Kernel. The problem still exists in 9.0 and 2.2.20.

Since nobody seems to have bothered with this in 2 years and it's easily worked around by using the rc script instead of apachectl, I'm not going to hunt it down (sorry).