203435P.pdf   06/10/2022  City Union Mission, Inc.  v.  Mike Sharp
   U.S. Court of Appeals Case No:  20-3435
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Wollman and Kobes, Circuit Judges] 
   Civil case - Civil rights. The plaintiff, a group which runs a homeless 
   shelter and provides other services for needy persons, including convicted 
   sex offenders, was notified by the local sheriff's office that under 
   Missouri law persons convicted of certain sex offenses could not be 
   present at its facility because it was within 500 feet of a public park 
   containing playground equipment and because those persons were loitering 
   within the meaning of the statute; the plaintiff sued the sheriff, the 
   sheriff's office and the county alleging First Amendment, Equal 
   Protection, Religious Land Use and Institutionalized Persons Act and other 
   claims and seeking injunctive relief and a declaratory judgment that the 
   Missouri statute - Mo. Rev. Stat. Sec. 566.150 - was unconstitutional. The 
   plaintiff's claims seeking broad injunctive relief prohibiting Sheriff 
   Sharp and the County from enforcing the law are moot because the Sheriff 
   has resigned and the County took the position at oral argument that it 
   will not revive or otherwise enforce the Sheriff's position regarding the 
   plaintiff's provision of services within 500 feet of the park; further, 
   the County, the Sheriff's department, the City and the State of Missouri 
   all concede that persons using the plaintiff's services are not loitering, 
   thereby rendering the statute inapplicable; the district court did not err 
   in dismissing all of plaintiff's claims against the county; with respect 
   to the count against Sheriff Sharp, he was entitled to qualified immunity 
   as plaintiff's right to provide services to certain sex offenders within 
   500 feet of a park with playground equipment was not clearly established 
   at the time of the Sheriff's action. Judge Kobes, concurring in part and 
   concurring in the judgment.