Threats to arrest convicted sex offenders at City Union Mission prompt federal lawsuit
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.
The suit contends that the Missouri law does not adequately define the term “loiter” and is unconstitutionally vague.
The sheriff’s office is now saying that the law “applies to kitchens and shelters of the mission, even though those buildings are being used for religious ministry and not for ‘loitering,’ ” according to the suit.
“As a result, the sheriff’s office has threatened to arrest certain mission employees or guests on mission property,” according to the suit.
That impinges on the constitutional rights of the mission, its employees and guests to exercise their religious faith, the suit claims.
Jackson County Sheriff Mike Sharp said his office is simply following the law.
“I am statutorily obligated to enforce the laws of Missouri,” Sharp said. “That includes sex offender laws, and I will continue to do so until I’m told otherwise by the courts.”
The Missouri law was enacted in 2009 and amended in 2014.
It affects people who have been convicted of seven crimes: incest; first-degree child endangerment; use of a child in a sexual performance; promoting a sexual performance by a child; sexual exploitation of a minor; promoting child pornography; and furnishing pornographic material to minors.
But it wasn’t until May 2016 when the sheriff’s office notified the mission that it was interpreting the law to include those offenders being present on any of the mission’s property because of its proximity to Kemp Park.
“Based on the May 2016 position, no affected person could seek shelter, food, worship, prayer or services on mission land,” according to the suit.
And the mission noted that it could be prosecuted for aiding and abetting or conspiracy if it allowed affected persons to use its facilities.
In September, the sheriff’s office once again amended its position to allow affected persons to be in or work in some of the mission’s buildings, but not all of them.
The suit says that because of the policy, the mission said it has had to: allow sheriff’s deputies to conduct “sweeps” of its facilities; turn away affected people who need and want its ministry services; and withdraw religious and other services or employment for people who desperately need it.
Whitehead, the mission’s attorney, said that although no one has yet been arrested, some people have been told that they can’t work there or seek shelter.
Another law enforcement agent in need of education, trying to enforce a law enacted by bureaucrats who are themselves in need of education. Why doesn’t he just bring in the ‘train cars’ and take them off to the ‘chambers’. Maybe that would be more to his liking and make him feel good about doing ‘his job’.
When I was in Prison doing 6 years to 16 year max sentence, we had a Corrections Office tell a small group of ” us” that he owed ” us” an apology. He went on to tell ” us” why. It seems that he has a close neighbor, that he had know for many years charged for a child sex crime. At that point, he made it very clear that he had judged all sex offenders as the lowest of the low….but now ,his opinion on this type of offense was that even ” good people” make bad choices. He started to talk to us as humans from that day forward.
The truth about a person can solve many problems…and resolve the fears people may have developed from the lies told about RSO’s. Some of my best conversations while incarcerated were with corrections officers. I was pleasantly surprised at the number of ‘good people’ who were locked up and away from their families. Our prayer circle in the evening got so big that we were asked to divide it into two groups. As the Bible reminds us, God is even at work in the prisons. Sometimes that’s the only place He can get our attention.
And I’m (almost) sure that most other LEO’s/ or people of Higher Positions would also treat “Us” ad Human, BUT they ALL fear being considered a “Friend” of a Sex Offender !! So even tho they dislike it, They must all ride the HATE TRAIN to keep their jobs/positions of power !! Atleast this is what I want to believe !! Believing that humans truly HATE other Humans, Just doesn’t register in my brain !!. People ACT one way on public, And go home to their Sex Offender friend/family everyday !!. Considering how many of us are out there now, This has to be true !!!. Most everyone has a family member or friends that are RSO’s !!! Research it !!!.
Edward Ruggles – most people never really “see” until it happens to someone they know and care about. I have always been haunted by an incident that happened not long after my son was adjudicated – I was talking to my boss (at the time) and was telling her some of the things I had learned about these archaic laws and I said something to her about how the estimate is 1 in every 100 men (and that is just the men) and we talked about how sooner or later someone else she knows will be caught up in this – about a year later her son (a veteran of the war in the middle east) was arrested and place on the registry. At the time I no longer worked there but I think about it often.
Orange County Florida (Orlando) Coalition for the Homeless does not allow RSOs. They offer no counseling no referrals or any help. I asked for a explanation and they said it was for the safety of the others and families visiting. I asked about the convicted Murderers sleeping there and they had no explanation. I asked the Coalition for a change in policy, got the Mayor involved and the President quit under the pressure. Now its.. no ID, don’t come! Why Civil Rights Lawyers let them slide from acute Civil Rights Violations is beyond me. I got them so stirred up the President quit calling it a big mess of unwarranted policies. If you are homeless no matter of any other issues, then the shelter or mission must accept you.
JEV
There is no true fairness…if I was in this country , unlawfully I could go to a city and they wouldn’t in force the law. But a sex offender can’t go to a Church to live or work without the same protection granted to those who are here unlawfully. Talk about misguided, judgemental punishment to those who have paid more of a price for an offense than any other group of crimes….
In the last days the Bible tells us that truth will be treated as lies and lies as truth. We are seeing that everyday.
The sheriff is absolutely correct. Unfortunately he is obviously doing what every other elected official does to gain attention for votes. If he’s so set on “enforcing the law” why hasn’t he gone ahead and arrested them with no fuss? Remember, it is situations like this from which winning lawsuits are born. Arrest all of them and do it now. I’ve been homeless. Jail at that point is 3 free squares, a shower and a squat a day. We should, all of us right now get dressed and walk to a school parking lot. All of us. Enough pussyfootin around. Bring it to a head and show the world how ludicrous this really is. If you ask me it’s time to go ahead and demonstrate what the next wave of research will show: that not only are these laws failing to keep anyone safe they actually CREATE crime. Time we all take a seat in the front of the bus and refuse to get up, if you ask me. Anyone remember when Pres. Johnson finally had enough of blacks being denied the right to vote? He said, states your laws are now void in regards to voting. You will do this, this and this. Period. When they realize the actual damage and harm being done to millions of families in thousands of cities all over the nation, I predict the federal government will have no choice but to do the same as Johnson did: deem the Registry unconstitutional in all 50 states, create a federal list of about a 1,000 names of truly dangerous people who for whatever reason find themselves being released after a long prison term; with the strictest of restrictions being applied while the caveat being a chance to be out of prison; that yes for this very specific group of people rights are forever taken away. Finally the burden of proof will be met and the intention of keeping people safe will be better accomplished and everyone will be satisfied. We’ll never get rid of the registry but that’s what I think it will look like. May it come sooner rather than later and please let us do whatever we have to do to hasten it’s arrival.
This is nothing more than “legal” segregation of a group that members are forced to be a part of and have no control over.
It is not different that “legally” forcing black to the back of the bus or for “legally” not allow Jews into a country club.
Most of these American citizens have paid their debt to society and have been allowed to leave prison and yet they are not allowed the freedom of movement others in the society are allowed.
This is segregation and nothing else. It is about abuse by law enforcement and have absolutely NOTHING to do with public safety!
This should NOT happen in the United States of America in 2017!
that’s why many refer to this whole issue as the “Civil Rights Issue” of the 21st Century.
My comments are well thought out, come as a result of years of research and you are wrong for deleting them. I would encourage you to be willing to listen to ideas and comments that you might not agree with. And i am a paying member, btw. Not nice.