The Apple of His Eye

 

Po Box 6977

 

St. Louis MO 63123

 

636-326-4040

 

 

June 25, 2008

 

The issue heard on June 24th, 2008 before Henry Autrie, US District Judge in the Eastern District of Missouri, Eastern Division was presented on behalf of Steve Cohen, Alan Butterworth and The Apple of His Eye by Rick Nelson, esq. of  American Liberties Institute based in Orlando, Florida.

 

The case stems from an outreach event by The Apple of His Eye in Tower Grove Park in 2006 during a gay pride festival. Our missionaries were confronted by Park police while peaceably distributing free religious literature and forced to remove the literature from the park under threat of arrest. Later told we had to leave the park altogether and could not engage the public on personal conversations or we would be arrested. This was in reaction from complaints by the Pridefest organizers.

 

After the event, several attempts were made to seek resolution with the City and Parks department, but those events were unsuccessful and the suit was filed.

 

Until there is a final disposition of the matter in court, the following was ordered by Judge  Autrie:

 

“… this Court orders, adjudges and decrees as follows:

 

a. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby restrained and enjoined from enforcing § 22.16.100, R.C.St.L. (1994), which states: “No person shall parade, exhibit or distribute any advertisement, circular or handbill in or adjoining any public park, place of square.”

 

b. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby ordered to instruct the law enforcement officers who will be present in and/or near Tower Grove Park at PrideFest 2008 of the terms of this Order, and to instruct them as to the implementation of the terms of this Order.

 

c. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby ordered to meet with the PrideFest 2008 organizers prior to the event scheduled for June 28 and 29, 2008, at Tower Grove Park for the purpose of informing the organizers of the terms of this Order, and to instruct said organizers that Plaintiffs’ distribution of religious literature and/or expression of religious beliefs in said Park, in and of themselves, do not constitute a basis for law enforcement authorities to take actions that would restrict Plaintiffs’ activities.

 

d. Defendant retains the right to enforce ordinances and provisions of its City Code which are content-neutral reasonable time, place and manner restrictions, in its public parks, places or squares, including the

 

following: A provision which governs handbill distribution in or upon a vehicle, § 11.18.180, R.C.St.L. (1994); A provision which prohibits a person from “participat[ing] or conduct[ing] an exhibition or demonstration … on any street or abutting premises … in consequence of which there is such a gathering of persons or stopping of vehicles as to impede either pedestrians or vehicular traffic,” § 17.16.270, R.C.St.L. (1994); A provision which provides for a curfew in City parks between the hours of 10:00 p.m. and 6:00 a.m., § 22.18.010, R.C.St.L. (1994).

 

e. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby restrained and enjoined from enforcing that portion of § 11.18.170 which requires the distributor of handbills to be responsible for the proper disposal of discarded handbills or samples within a one hundred foot radius of the distribution.

 

The terms of this Order shall remain in full force and effect throughout the duration of this action in this Court.”

 

 

The Apple of His Eye

 

Po Box 6977

 

St. Louis MO 63123

 

636-326-4040

 

 

June 25, 2008

 

The issue heard on June 24th, 2008 before Henry Autrie, US District Judge in the Eastern District of Missouri, Eastern Division was presented on behalf of Steve Cohen, Alan Butterworth and The Apple of His Eye by Rick Nelson, esq. of  American Liberties Institute based in Orlando, Florida.

 

The case stems from an outreach event by The Apple of His Eye in Tower Grove Park in 2006 during a gay pride festival. Our missionaries were confronted by Park police while peaceably distributing free religious literature and forced to remove the literature from the park under threat of arrest. Later told we had to leave the park altogether and could not engage the public on personal conversations or we would be arrested. This was in reaction from complaints by the Pridefest organizers.

 

After the event, several attempts were made to seek resolution with the City and Parks department, but those events were unsuccessful and the suit was filed.

 

Until there is a final disposition of the matter in court, the following was ordered by Judge  Autrie:

 

“… this Court orders, adjudges and decrees as follows:

 

a. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby restrained and enjoined from enforcing § 22.16.100, R.C.St.L. (1994), which states: “No person shall parade, exhibit or distribute any advertisement, circular or handbill in or adjoining any public park, place of square.”

 

b. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby ordered to instruct the law enforcement officers who will be present in and/or near Tower Grove Park at PrideFest 2008 of the terms of this Order, and to instruct them as to the implementation of the terms of this Order.

 

c. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby ordered to meet with the PrideFest 2008 organizers prior to the event scheduled for June 28 and 29, 2008, at Tower Grove Park for the purpose of informing the organizers of the terms of this Order, and to instruct said organizers that Plaintiffs’ distribution of religious literature and/or expression of religious beliefs in said Park, in and of themselves, do not constitute a basis for law enforcement authorities to take actions that would restrict Plaintiffs’ activities.

 

d. Defendant retains the right to enforce ordinances and provisions of its City Code which are content-neutral reasonable time, place and manner restrictions, in its public parks, places or squares, including the

 

following: A provision which governs handbill distribution in or upon a vehicle, § 11.18.180, R.C.St.L. (1994); A provision which prohibits a person from “participat[ing] or conduct[ing] an exhibition or demonstration … on any street or abutting premises … in consequence of which there is such a gathering of persons or stopping of vehicles as to impede either pedestrians or vehicular traffic,” § 17.16.270, R.C.St.L. (1994); A provision which provides for a curfew in City parks between the hours of 10:00 p.m. and 6:00 a.m., § 22.18.010, R.C.St.L. (1994).

 

e. Defendant, its officers, agents, employees, representatives and all persons acting in concert, or participating with them, are hereby restrained and enjoined from enforcing that portion of § 11.18.170 which requires the distributor of handbills to be responsible for the proper disposal of discarded handbills or samples within a one hundred foot radius of the distribution.

 

The terms of this Order shall remain in full force and effect throughout the duration of this action in this Court.”