8-12-17 Missouri:
A federal lawsuit filed against a county sheriff's office in Missouri alleges that an initiative to arrest sex offenders near a charity violates the organization's constitutionally protected rights of religious freedom.
KANSAS CITY, Mo. (AP) — A federal lawsuit filed against a county sheriff's office in Missouri alleges that an initiative to arrest sex offenders near a charity violates the organization's constitutionally protected rights of religious freedom.
The Kansas City Star reports the suit filed by the City Union Mission focuses on how the Jackson County Sheriff's Office interprets a Missouri law. The law mentioned in the suit prohibits some offenders from "loitering" within 500 feet of a public park that contains a pool or playground equipment.
The suit argues that the law doesn't sufficiently define the term "loiter" and is too vague.
"We want to get that cleared up," said Jonathan Whitehead, attorney for the mission. "Seeking shelter, food or prayer is not loitering."
According to the suit, the sheriff's office now says that the law applies to the charity's kitchens and shelters even though those buildings are being used for religious ministry.
"As a result, the sheriff's office has threatened to arrest certain mission employees or guests on mission property," the suit says. ..Continued..
Showing posts with label Lawsuit - MO. Show all posts
Showing posts with label Lawsuit - MO. Show all posts
August 13, 2017
Sex Offender Law Prompts Lawsuit
August 11, 2017
Threats to arrest convicted sex offenders at City Union Mission prompt federal lawsuit
8-11-17 Missouri:
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.
“We want to get that cleared up,” said Jonathan Whitehead, attorney for the mission. “Seeking shelter, food or prayer is not loitering.”
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. ..Continued..
May 17, 2017
Hundreds of Missouri sex offenders now required to wear GPS monitoring devices for life
This has got to be unconstitutional, someone has to take this to court! ACLU where are you?5-17-17 Missouri:
ST. LOUIS • A sex offender from St. Charles County thought he had moved on with his life after successfully completing five years of probation for sending webcam photographs of his genitals to an undercover police officer posing as a 13-year-old girl.
Now he’s among hundreds of people in Missouri who are learning they must attach GPS monitoring systems to their ankles for life, even though such a requirement wasn’t part of their sentencing agreement.
The devices send out alerts if an offender lingers near a school or a park. Cut the wide black strap and the waterproof device will tell on them.
It beeps to prompt a verbal command from state officials, say to make a payment or report to probation officers immediately.
The retroactive requirements are part of a revised state criminal code that went into effect Jan. 1. Offenders either found guilty or who pleaded guilty to 13 various sex crimes in question based on an act committed on or after Aug. 28, 2006, are subject to the added security measures. Previously, the monitoring technology was used for a more limited class of high-risk offenders.
The St. Charles man is among several sex offenders who are suing and challenging the state. In the lawsuit, in which he is named only as D.G., the 40-year-old argues that the law didn’t exist when he pleaded guilty. He claims he’s no longer “legally subject” to the jurisdiction of state prison authorities.
He argues that he shouldn’t be required to pay monthly supervision fees for decades, nor have travel or residency restricted for life.
“I don’t think a lawyer can make a straight-faced argument that it’s constitutional,” said Clayton-based attorney Matt Fry, who is suing the state on behalf of D.G. and has many other plaintiffs in the wings.
A March 29 “Dear Sir/Madam” letter from chief state supervisor Julie Kempker lays out the law, including threat of a class D felony if conditions are violated.
“We understand that this change may be unexpected,” Kempker said in the letter. “Rather than being detracted by the lifetime supervision requirements, you are encouraged to remain focused on your daily supervision responsibilities and to do those things that improve your life and positively impact your family and the community in which you live.”
Many sex offenders panicked and started calling lawyers. Some are confused: for instance, those no longer on supervision who moved away from Missouri. ..Continued.. by Jessee Bogan
August 22, 2011
Missouri teachers fight to be Facebook friends with students
In the name of "Protecting Children" certain features of Facebook system are being legislatively declared criminal, between these parties. Very interesting....I might be wrong but I do believe there is more evidence of teacher-student crimes than there are registered sex offenders on Facebook committing crimes against minors....8-22-2011 Missouri:
Summary: A Missouri teachers group is fighting the state’s new law that prohibits them from being Facebook friends with their students.
The Missouri State Teachers Association (MSTA) filed a lawsuit on Friday, challenging a new law. MSTA is specifically asking the Circuit Court of Cole County to determine the constitutionality of the law’s social media portion.
Senate Bill 54, also known as the Amy Hestir Student Protection Act, aims to fight inappropriate contact between students and teachers, including protecting children from sexual misconduct by their educators. It is named after a Missouri public school student who was repeatedly molested by a teacher several decades ago.
The new law is broad enough to prohibit teachers from communicating privately with students over the Internet, and inhibits educators’ ability to converse with students via text messaging and social networks. As I outlined earlier this month, it means teachers and students can’t be Facebook friends.
MSTA argues the law infringes on educators’ first amendment rights of free speech, association, and religion. The group is asking the court to keep that section of law from being implemented until the constitutionality can be determined.
“Many of our members are concerned about the unintended consequences of this law, including their ability to monitor their own children’s online activities,” Gail McCray, MSTA Legal Counsel, said in a statement. “It’s vague and more importantly, we believe it violates the constitutional rights of educators.”
“Plaintiffs have used and are using non-work-related social networking sites as an important avenue for contact with students, both during emergencies and for everyday educational issues, such as when a student has difficulty with a classroom assignment or identifying bullying,” the lawsuit states. “Senate Bill 54 makes it unlawful for Plaintiffs who are also parents of a child in the school district to communicate with her student/child via a non-work-related social networking site if there could be exclusive access.”
Last month, State Governor Jay Nixon signed Senate Bill 54, which goes into effect on August 28, 2011 in the state of Missouri. The new law bans direct social networking contact between teachers and students in the hopes of setting more distinct boundaries on the relationships between the two.
Teachers will still be able to have a Facebook Page for interacting with students on a slightly more personal level, as long it’s still work-related. It’s the actual friending, messaging, and whatever other direct connection you can make on a social network that will not be allowed.
It’s still not clear how Missouri plans to implement the law, whether social networks will be asked play a part in the enforcement, nor if the state be allowed access to Facebook accounts, personal computers, and/or ISP records. It is, however, obvious that the language used to describe the law is too general and overreaching, at least according to many of the state’s teachers. ..Source.. by Emil Protalinski
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