The Jackson County Sheriff’s Office is targeting some sex offenders for arrest at the City Union Mission because it sits near a park, according to a federal lawsuit alleging that the practice violates the charity’s constitutionally protected rights of religious freedom.
The suit centers on how the sheriff’s office interprets a Missouri law that prohibits certain offenders from “loitering” within 500 feet of a public park that contains a pool or playground equipment.
The mission operates several facilities in the 1100 block of East 10th Street near Margaret Kemp Park, and the sheriff’s office has interpreted that law to cover those offenders at the mission, according to the suit filed in U.S. District Court in Kansas City.
Is this filed in Federal Court?
This case sums up a couple things I’ve been on lately: how presence restrictions violate First Amendment religious expression, and the vagueness of the word “loiter.” I am confident the State will lose this case, perhaps even with harsh words from the bench. That said, I’m guessing the court will take the easy way out and merely rule on the vagueness of the word “loiter,” and avoid the First Amendment issue. (Kind of makes sense. Why kill a law the hard way when you can kill it the easy way?) The thing is, the State is going to have a VERY hard (I would say impossible) time saying the RCs were loitering, regardless how that word is defined. In fact, the State cannot say one way or another what the RCs were doing there.
Maybe they were basket weaving. Maybe teaching ESL. Who knows. All that matters is the State must show “loitering,” however defined, was occurring. But it doesn’t really matter, as there is no way they were present at the mission for no apparent reason, or not doing anything, etc. They were there for food, shelter and (perhaps) religious services. IOW, engaging in life activities, which definitely is not loitering.
One thing that makes me scratch my head is how is the mission being forced to, “allow sheriff’s deputies to conduct ‘sweeps’ of its facilities.” Someone should remind the mission operators that there’s this thing called the Fourth Amendment.
@just in CA
Yes, Federal court: “…according to a federal lawsuit…” is right in the article, and the header of this section.
Is the MO law loitering or just being there? (Either way is unconstitutional)I thought it was just being in the vicinity of. I love it how the sheriff does not take any accountability for the law, the lawmakers don’t either…This is the law and I will enforce it. It will cost them though. I don’t see a chance of blocking anyone from a church.
I’m so sick of hearing about these stupid ass restrictions and rules aka eggshells to walk on. This is Not American Freedom. If the DOJ and those in the “Justice System” lmao, did their damn Job and kept actual threats to society off the streets and help Rehabilitate all other offenders then maybe we’d have a functioning system instead of the culture of chaos this country is breeding. History repeats itself and this country is going to crap its collective short shorts When not IF, Registered Sex Offenders rise up like an Army of Black Panthers and really make their lives hell until they stop playing the “Administrative” card and stop abusing our families and our constitution.
P.S Death to the Registry
What else is interesting is some of these missions do essential work for the homeless in helping them secure VA benefits, housing, etc through associate agreements with local agencies. Are they loitering then while they are waiting for their turn? What about when it is gets cold in KC? Sheriff is on a power trip in MO, like the rest of the state. The mission should be putting up a fight on the sweeps.
“But Sheriff, you only enforce those laws you really want to enforce or someone else wants you to, not all of them. If you did, then there would be a lot more folks in the county jail.”
Note ,, no I am not real bright , and yes I put my self in stupid situations , but in my defence that was years ago and have paid in full light years ago , that don’t make what the Justice system exempt or a free ticket to take advantage of the not so bright or anyone else , sure I made mistakes but never to hurt anyone and never premeditated , the same can’t be said for law enforcement ,