Recopied from Florida Action Committee
The Jackson County Sheriffâs 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 charityâs constitutionally protected rights of religious freedom.
The suit centers on how the sheriffâs office interprets a Missouri law that prohibits certain offenders from âloiteringâ 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 sheriffâs 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 âloiterâ and is unconstitutionally vague.
âWe want to get that cleared up,â said Jonathan Whitehead, attorney for the mission. âSeeking shelter, food or prayer is not loitering.â
The sheriffâs office is now saying that the law âapplies to kitchens and shelters of the mission, even though those buildings are being used for religious ministry and not for âloitering,â â according to the suit.
âAs a result, the sheriffâs office has threatened to arrest certain mission employees or guests on mission property,â 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.
âI am statutorily obligated to enforce the laws of Missouri,â Sharp said. âThat includes sex offender laws, and I will continue to do so until Iâm told otherwise by the courts.â
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 wasnât until May 2016 when the sheriffâs office notified the mission that it was interpreting the law to include those offenders being present on any of the missionâs property because of its proximity to Kemp Park.
âBased on the May 2016 position, no affected person could seek shelter, food, worship, prayer or services on mission land,â 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 sheriffâs office once again amended its position to allow affected persons to be in or work in some of the missionâs buildings, but not all of them.
The suit says that because of the policy, the mission said it has had to: allow sheriffâs deputies to conduct âsweepsâ 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 missionâs attorney, said that although no one has yet been arrested, some people have been told that they canât work there or seek shelter.