Case: Fernandez v. St. Louis County

4:19-cv-01638 | U.S. District Court for the Eastern District of Missouri

Filed Date: June 5, 2019

Closed Date: June 18, 2021

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Case Summary

This case successfully challenged county-level statutes restricting roadside solicitation. A homeless man filed suit against St. Louis County in the U.S. District Court for the Eastern District of Missouri on June 5, 2019. Plaintiff was represented by private counsel. Plaintiff was a self-described “poor, homeless, unemployed single man” who frequently solicited donations from drivers in St. Louis County. At the time of filing, the plaintiff had a valid county solicitor license—that is, he coul…

This case successfully challenged county-level statutes restricting roadside solicitation.

A homeless man filed suit against St. Louis County in the U.S. District Court for the Eastern District of Missouri on June 5, 2019. Plaintiff was represented by private counsel. Plaintiff was a self-described “poor, homeless, unemployed single man” who frequently solicited donations from drivers in St. Louis County. At the time of filing, the plaintiff had a valid county solicitor license—that is, he could solicit cash donations from others but only at certain intersections and only three days per year. Because the plaintiff solicited cash donations outside of these three scheduled days, he was cited by county police 39 times.

The plaintiff challenged the constitutionality of multiple sections of the St. Louis County Code: Section 804, which regulates and licenses who may solicit for financial assistance; Section 1209.090, which prohibits pedestrians from soliciting for certain purposes in the roadway; and Sections 716.080 and 716.090, which prohibit vagrancy. Suing under 42 U.S.C. § 1983, the plaintiff alleged that Sections 804 and 1209.090 violated his First Amendment right to free speech, and alleged that Sections 716.080 and 716.090 violated his Equal Protection and Due Process Clause rights under the Fourteenth Amendment. He sought declaratory and injunctive relief to enjoin the defendants from enforcing these provisions. Additionally, the plaintiff sought damages under 42 U.S.C. § 1983, alleging that the defendants violated his First Amendment right to free speech in a public place, violated his Fourth Amendment right to be free form unlawful seizures, and subjected the plaintiff to malicious prosecution. The plaintiff also sought attorneys’ fees. The plaintiff also moved for a preliminary injunction the following day based on the same allegations.

Although the case was initially assigned to District Judge Jean C. Hamilton, it was reassigned to District Judge Stephen N. Limbaugh on August 22, 2019.

Both parties consented to the granting of the preliminary injunction as to Sections 716.080 and 716.090, and Judge Limbaugh granted the motion on October 10, 2019. The plaintiff renewed his motion for preliminary injunction as to the other two sections a month later after the Eighth Circuit held that Arkansas’ anti-loitering laws violated First Amendment rights of citizens in Rodgers v. Bryant, 942 F.3d 451.

St. Louis County moved for judgment on the pleadings on February 10, 2020. The plaintiffs first argued that the challenges against 716.080 and 716.090 were moot because both laws were already enjoined and the defendant planned to repeal or replace both. Second, the defendant argued that the plaintiff could not challenge 1209.090 as it was already upheld in ACORN v. St. Louis County, 726 F. Supp. 747. Finally, the defendant contended that plaintiff’s challenge of chapter 804 failed as he was unable to plead with probable cause that he was maliciously prosecuted for First Amendment activities.

The defendant’s motion was denied on May 18, 2020. For 1209.090, the court distinguished Acorn v. St. Louis County by citing Thayer v. Worcester, 744 F.3d 60, where a similar ordinance was deemed to not be “content neutral.” The ordinance there was held unconstitutional “because it target[ed] anyone seeking to engage in a specific type of speech, i.e. solicitation of donations.” For chapter 804, the court said defendants failed to tie together the ordinance and defendant’s stated interest in promoting traffic safety. 461 F.Supp.3d 894.

Plaintiff’s renewed motion for a preliminary injunction was denied as moot on October 13, 2020. Because the case had been submitted for trial, Judge Limbaugh stated that the motion was moot as preliminary injunctions merely “preserve the relative positions of the parties until a trial.”

On May 11, 2021, Judge Limbaugh entered judgment in favor of the plaintiff on four of the six remaining claims. 538 F.Supp.3d 888. Judge Limbaugh held that Sections 804, 1209.090, 716.080, and 716.090 violated the plaintiff’s First Amendment rights and therefore voided the provision that prohibited soliciting financial assistance. Judge Limbaugh also held in favor of the plaintiff on his First Amendment claim for damages and awarded $150,000, as well as $138,515.00 in attorneys’ fees. However, the defendants prevailed on the Fourth Amendment and malicious prosecution claims.

Plaintiff filed a notice of satisfaction of judgment on June 17, 2021, and paid his court fees the following day. This case is now closed.

Summary Authors

Eric Gripp (7/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15735145/parties/fernandez-v-st-louis-county/

Judge(s)

Limbaugh, Stephen Nathaniel Jr. (Missouri)

Attorney for Plaintiff

Eastwood, Hugh A (Missouri)

Attorney for Defendant

Capizzi, Steven J (Missouri)

Levin, Linda (Missouri)

Moore, Robert C. (Missouri)

Judge(s)

Limbaugh, Stephen Nathaniel Jr. (Missouri)

Attorney for Plaintiff

Eastwood, Hugh A (Missouri)

Schock, W. Bevis (Missouri)

Attorney for Defendant

Capizzi, Steven J (Missouri)

Levin, Linda (Missouri)

Moore, Robert C. (Missouri)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:19-cv-01638	Docket	June 18, 2021	June 18, 2021 Docket
1 4:19-cv-01638	Complaint: Declaratory Relief, Preliminary and Permanent Injunction, and Monell Damages St. Louis County Solicitation and Vagrancy Ordinances	June 5, 2019	June 5, 2019 Complaint
22 4:19-cv-01638	Order	Oct. 10, 2019	Oct. 10, 2019 Order/Opinion
70 4:19-cv-01638	Memorandum and Order	May 11, 2021	May 11, 2021 Order/Opinion 538 F.Supp.3d 888

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
DOJ Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults U.S. Department of Justice	The DOJ issued a Dear Colleague letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter highlights …	April 20, 2023	April 20, 2023 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/15735145/fernandez-v-st-louis-county/

Last updated Aug. 28, 2026, 5:05 a.m.

Docket for: Fernandez v. St. Louis County

ECF Number	Date	Description	Link
1	June 5, 2019	COMPLAINT against defendant St. Louis County with receipt number AMOEDC-7259440, in the amount of $400 Jury Demand,, filed by Robert A Fernandez. (Attachments: # 1 Attachment Exhibit List, # 2 Exhibit Ex.1.Website version of County Code Chapter 804, # 3 Exhibit Ex.2.Certified copy of Ordinance No. 6201, # 4 Exhibit Ex.3.Certified copy of Ordinannce No. 13091, # 5 Exhibit Ex.4.Certified Copy of Ordinannce No. 14,722, # 6 Exhibit Ex..Certified copy of Ordinannce No. 21,507, # 7 Exhibit Certified copy of Ordinance No. 20,361, # 8 Exhibit Certified copy of Ordinance No. 21,028, # 9 Exhibit Ex.8.Certified copy of Ordinance No. 21,613, # 10 Exhibit Ex.9.Certified copy of Ordinance No. 21,834, # 11 Exhibit Ex.10.Certified copy of Ordinance No. 22,767, # 12 Exhibit Ex.11.Certified copy of Ordinance No. 23,112, # 13 Exhibit Ex.12.Certified copy of Ordinance No. 23,268, # 14 Exhibit Ex.13.Certified copy of Ordinance No. 23,731, # 15 Exhibit Ex.14.Certified copy of Ordinance No. 24,089, # 16 Exhibit Ex.15.Certified copy of Ordinance No. 24,769, # 17 Exhibit Ex.16.Certified copy of Ordinance No.25,013, # 18 Exhibit Ex.17.Certified copy of Ordinance No. 25,277, # 19 Exhibit Ex.18.Certified copy of Ordinance No. 25,559, # 20 Exhibit Ex.19.Certified copy of Ordinance No. 27,173, # 21 Exhibit Ex.20.County website, Peddler,Commercial Solicitor, Street Vendor License Requirement, # 22 Exhibit Ex.21.County Police website, Background Checks, # 23 Exhibit Ex.22.Appl. for Peddler,Commercial Solicitor, # 24 Exhibit Ex.23.Website for County Code Sections 1201,1202,1209,1215, # 25 Exhibit Ex.24.Certified copy of Ordinance No. 12347, # 26 Exhibit Ex.25.Certified copy of Ordinance No. 26,424, # 27 Exhibit Ex.26.Website for County Code Chapter 716, # 28 Exhibit Ex.27.Certified copy of Ordinance No. 3729, # 29 Exhibit Ex.28.Solicitor License no. 3371 and 3483, # 30 Exhibit Ex.29.Record of thirty-nine citations in St. Louis County, # 31 Exhibit Ex.30.Email from Asst. County Counselor Alper, # 32 Exhibit Ex.31.Nolle prosequi memorandum dated May 9, 2019, # 33 Exhibit Ex.32.Photograph A, # 34 Exhibit Ex.33.Photograph B, # 35 Exhibit Ex.34.Photograph C, # 36 Exhibit Ex.35.Google Map of exit ramp, 55 with S. Lindbergh, # 37 Exhibit Ex.36.Same Google Map, zoomed in, # 38 Exhibit Ex.37.Affidavit of Plaintiff Robert Fernandez)(Schock, W.) Clerk's note: Attachment 30 sealed pursuant to Local Rule 2.17 because it contains personal identifiers. (Entered: 06/05/2019) 1 Attachment Exhibit List View on PACER 2 Exhibit Ex.1.Website version of County Code Chapter 804 View on PACER 3 Exhibit Ex.2.Certified copy of Ordinance No. 6201 View on PACER 4 Exhibit Ex.3.Certified copy of Ordinannce No. 13091 View on PACER 5 Exhibit Ex.4.Certified Copy of Ordinannce No. 14,722 View on PACER 6 Exhibit Ex..Certified copy of Ordinannce No. 21,507 View on PACER 7 Exhibit Certified copy of Ordinance No. 20,361 View on PACER 8 Exhibit Certified copy of Ordinance No. 21,028 View on PACER 9 Exhibit Ex.8.Certified copy of Ordinance No. 21,613 View on PACER 10 Exhibit Ex.9.Certified copy of Ordinance No. 21,834 View on PACER 11 Exhibit Ex.10.Certified copy of Ordinance No. 22,767 View on PACER 12 Exhibit Ex.11.Certified copy of Ordinance No. 23,112 View on PACER 13 Exhibit Ex.12.Certified copy of Ordinance No. 23,268 View on PACER 14 Exhibit Ex.13.Certified copy of Ordinance No. 23,731 View on PACER 15 Exhibit Ex.14.Certified copy of Ordinance No. 24,089 View on PACER 16 Exhibit Ex.15.Certified copy of Ordinance No. 24,769 View on PACER 17 Exhibit Ex.16.Certified copy of Ordinance No.25,013 View on PACER 18 Exhibit Ex.17.Certified copy of Ordinance No. 25,277 View on PACER 19 Exhibit Ex.18.Certified copy of Ordinance No. 25,559 View on PACER 20 Exhibit Ex.19.Certified copy of Ordinance No. 27,173 View on PACER 21 Exhibit Ex.20.County website, Peddler,Commercial Solicitor, Street Vendor Licens View on PACER 22 Exhibit Ex.21.County Police website, Background Checks View on PACER 23 Exhibit Ex.22.Appl. for Peddler,Commercial Solicitor View on PACER 24 Exhibit Ex.23.Website for County Code Sections 1201,1202,1209,1215 View on PACER 25 Exhibit Ex.24.Certified copy of Ordinance No. 12347 View on PACER 26 Exhibit Ex.25.Certified copy of Ordinance No. 26,424 View on PACER 27 Exhibit Ex.26.Website for County Code Chapter 716 View on PACER 28 Exhibit Ex.27.Certified copy of Ordinance No. 3729 View on PACER 29 Exhibit Ex.28.Solicitor License no. 3371 and 3483 View on PACER 31 Exhibit Ex.30.Email from Asst. County Counselor Alper View on PACER 32 Exhibit Ex.31.Nolle prosequi memorandum dated May 9, 2019 View on PACER 33 Exhibit Ex.32.Photograph A View on PACER 34 Exhibit Ex.33.Photograph B View on PACER 35 Exhibit Ex.34.Photograph C View on PACER 36 Exhibit Ex.35.Google Map of exit ramp, 55 with S. Lindbergh View on PACER 37 Exhibit Ex.36.Same Google Map, zoomed in View on PACER 38 Exhibit Ex.37.Affidavit of Plaintiff Robert Fernandez View on RECAP	RECAP
2	June 5, 2019	ENTRY of Appearance by Hugh A. Eastwood for Plaintiff Robert A Fernandez. (Eastwood, Hugh) (Entered: 06/05/2019)	RECAP
3	June 6, 2019	MOTION for Preliminary Injunction by Plaintiff Robert A. Fernandez. (Attachments: # 1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary Injunction)(Schock, W.) (Entered: 06/06/2019) 1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary View on RECAP	RECAP
4	June 6, 2019	SUPPLEMENTAL re 1 Complaint,,,,,,,,,, Waiver of Service, Original Filing Form, Civil Cover Sheet by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 06/06/2019)	RECAP
	June 6, 2019	Case Opening Notification
	June 6, 2019	Case Opening Notification: Waivers issued 1. Judge Assigned: Honorable Jean C. Hamilton. (JWD)
5	July 8, 2019	WAIVER OF SERVICE Returned Executed filed by Robert A. Fernandez St. Louis County waiver signed on 7/1/2019, answer due 8/30/2019. (Schock, W.) (Entered: 07/08/2019)	RECAP
6	July 23, 2019	ENTRY of Appearance by Linda Levin for Defendant St. Louis County. (Levin, Linda) (Entered: 07/23/2019)	RECAP
7	Aug. 22, 2019	ORDER - Due to conflict of interest, this Court hereby recuses itself from this case. This case will be reassigned to another Judge. Signed by District Judge Jean C. Hamilton on 8/22/19. (KJS) (Entered: 08/22/2019)	RECAP
8	Aug. 22, 2019	REASSIGNMENT ORDER (GJL). IT IS HEREBY ORDERED that the above styled cause is reassigned to the Honorable Stephen N. Limbaugh, Jr.. District Judge Jean C. Hamilton no longer assigned to case. Case reassigned to District Judge Stephen N. Limbaugh, Jr for all further proceedings. (KJS) (Entered: 08/22/2019)	RECAP
9	Aug. 23, 2019	ORDER SETTING RULE 16 CONFERENCE: See prepared Order; Joint Scheduling Plan due by 9/26/2019. Rule 16 Conference set for 10/10/2019 10:30 AM in Telephone before District Judge Stephen N. Limbaugh Jr.; Signed by District Judge Stephen N. Limbaugh, Jr on 08/23/19. (CMH) (Entered: 08/23/2019)	RECAP
10	Aug. 30, 2019	ANSWER to 1 Complaint,,,,,,,,,, by St. Louis County.(Levin, Linda) (Entered: 08/30/2019)	RECAP
11	Aug. 30, 2019	MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Defendant St. Louis County. (Levin, Linda) (Entered: 08/30/2019)	RECAP
12	Sept. 3, 2019	MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Motion for Preliminary Injunction by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit Exhibit 1 (St. Louis County municipal court docket report for Fernandez (printed 9/03/2019)))(Eastwood, Hugh) (Entered: 09/03/2019)	RECAP
13	Sept. 10, 2019	MEMORANDUM in Opposition re 12 MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Mo filed by Defendant St. Louis County. (Levin, Linda) (Entered: 09/10/2019)	RECAP
14	Sept. 11, 2019	REPLY to Response to Motion re 12 MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Mo filed by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/11/2019)	RECAP
15	Sept. 18, 2019	JOINT SCHEDULING PLAN by Plaintiff Robert A. Fernandez. . (Schock, W.) (Entered: 09/18/2019)	RECAP
16	Sept. 27, 2019	ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Conference call held this day with the Court and counsel for all parties participating, the parties are directed to file revised proposed case management order prior to the Rule 16 hearing set October 10, 2019. Telephone Conference held on 9/27/2019. (CMH) (Entered: 09/27/2019)	RECAP
	Sept. 27, 2019	Telephone Conference
17	Oct. 8, 2019	JOINT SCHEDULING PLAN by Plaintiff Robert A. Fernandez. First Amended. (Eastwood, Hugh) (Entered: 10/08/2019)	RECAP
18	Oct. 8, 2019	MEMORANDUM re 16 Telephone Conference, Meet and Confer by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 10/08/2019)	RECAP
19	Oct. 10, 2019	ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Rule 16 Conference held on 10/10/2019. Conference held by phone. CMO to issue. (Notice only, no.pdf attached.). (proceedings started: 10:30 A.M.) (proceedings ended: 10:51 A.M.)(Appearance for Plaintiff: Hugh Eastwood and Bevis Shock)(Appearance for Defendant: Linda Levin) (CMH) (Entered: 10/10/2019)	RECAP
20	Oct. 10, 2019	NOTICE Filing of Proposed Order: by Plaintiff Robert A. Fernandez re 1 Complaint,,,,,,,,,, Preliminary Injunction of St. Louis County Vagrancy Ordinance (Attachments: # 1 Text of Proposed Order Proposed ORDER)(Eastwood, Hugh) (Entered: 10/10/2019)	RECAP
21	Oct. 10, 2019	CASE MANAGEMENT ORDER This case is assigned to Track: 1: Expedited. Motion to Join Parties due by 11/15/2019. Discovery Completion due by 2/3/2020. Non-Dispositive Motions due by 2/10/2020. Dispositive Motions due by 2/10/2020. Bench Trial set for 4/6/2020 01:30 PM in Courtroom 3N - St. Louis before District Judge Stephen N. Limbaugh Jr. Motion in Limine due by 3/27/2020. SEE ORDER FOR ADDITIONAL DEADLINES. Signed by District Judge Stephen N. Limbaugh, Jr on 10/10/19. (CMH) (Entered: 10/10/2019)	RECAP
22	Oct. 10, 2019	PRELIMINARY INJUNCTION re: 3 MOTION for Preliminary Injunction filed by Plaintiff Robert A. Fernandez. IT IS HEREBY ORDERED that St. Louis County, Missouri is enjoined from enforcement of its Vagrancy Ordinance No. 3729, enacted 10-28-1965, and codified at Sections 716.080 and 716.090 of the St. Louis County Revised Ordinances. Signed by District Judge Stephen N. Limbaugh, Jr on 10/10/19. (CMH) (Entered: 10/10/2019)	RECAP
	Oct. 10, 2019	Rule 16 Conference
23	Nov. 12, 2019	MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit Exhibit 1 - Rodgers v. Bryant)(Eastwood, Hugh) Modified on 12/29/2020 (MRS). (Entered: 11/12/2019) 1 Exhibit Exhibit 1 - Rodgers v. Bryant View on PACER	RECAP
24	Nov. 18, 2019	MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Defendant St. Louis County. (Levin, Linda) (Entered: 11/18/2019)	RECAP
25	Nov. 19, 2019	REPLY to Response to Motion re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 11/19/2019)	RECAP
26	Dec. 27, 2019	NOTICE by Plaintiff Robert A. Fernandez Plaintiffs Memorandum re: Dismissal of Underlying Criminal Cases (Attachments: # 1 Exhibit Exhibit 1 - Order)(Eastwood, Hugh) (Entered: 12/27/2019) 1 Exhibit Exhibit 1 - Order View on PACER	RECAP
27	Jan. 22, 2020	MOTION for Leave to file Additional Memorandum by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 01/22/2020)	RECAP
28	Jan. 22, 2020	MEMORANDUM in Support of Motion re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit St. Louis County Memorandum of 10/29/19)(Schock, W.) (Entered: 01/22/2020) 1 Exhibit St. Louis County Memorandum of 10/29/19 View on PACER	RECAP
29	Jan. 23, 2020	Docket Text ORDER: Re: 27 MOTION for Leave to file Additional Memorandum by Plaintiff Robert A. Fernandez. (Schock, W.) filed by Robert A. Fernandez; ORDERED GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 01/23/20. (CMH) (Entered: 01/23/2020)	RECAP
	Jan. 23, 2020	A Docket Text Order
30	Jan. 28, 2020	ENTRY of Appearance by Robert C. Moore for Defendant St. Louis County. (Moore, Robert) (Entered: 01/28/2020)	RECAP
31	Jan. 29, 2020	MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Defendant St. Louis County. (Levin, Linda) (Entered: 01/29/2020)	RECAP
32	Feb. 3, 2020	REPLY to Response to Motion re 23 MOTION for Preliminary Injunction Renewed motion based on New Eighth Circuit Authority filed by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 02/03/2020)	RECAP
33	Feb. 10, 2020	MOTION for Judgment on the Pleadings by Defendant St. Louis County. (Levin, Linda) (Entered: 02/10/2020)	RECAP
34	Feb. 10, 2020	MEMORANDUM in Support of Motion re 33 MOTION for Judgment on the Pleadings filed by Defendant St. Louis County. (Attachments: # 1 Exhibit Affidavit of Jericka Johnson)(Levin, Linda) (Entered: 02/10/2020) 1 Exhibit Affidavit of Jericka Johnson View on RECAP	RECAP
35	Feb. 21, 2020	MEMORANDUM in Opposition re 33 MOTION for Judgment on the Pleadings filed by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 02/21/2020)	RECAP
36	Feb. 21, 2020	MOTION to Exclude Affidavit of Jericka Johnson by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 02/21/2020)	RECAP
37	March 3, 2020	ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Telephone Conference held on 3/3/2020. (proceedings started: 11:16 A.M.) (proceedings ended: 11:28 A.M.) (Appearance for Plaintiff: Hugh Eastwood and W. Beavis Shock) (Appearance for Defendant: Linda Levin and Robert Moore) (CMH) (Entered: 03/03/2020)	RECAP
38	March 3, 2020	Docket Text ORDER: On the Court's own motion case continued for Bench Trial on Monday, June 15th and Tuesday, June 16th at 10:00 a.m in Courtroom 3N. Bench Trial set for 6/15/2020 10:00 AM in Courtroom 3N - St. Louis before District Judge Stephen N. Limbaugh Jr. Signed by District Judge Stephen N. Limbaugh, Jr on 03/03/20. (CMH) (Entered: 03/03/2020)	RECAP
39	March 3, 2020	REPLY to Response to Motion re 33 MOTION for Judgment on the Pleadings filed by Defendant St. Louis County. (Levin, Linda) (Entered: 03/03/2020)	RECAP
	March 3, 2020	Telephone Conference
	March 3, 2020	A Docket Text Order with Schedules
40	March 9, 2020	Docket Text ORDER: Re: 3 MOTION for Preliminary Injunction by Plaintiff Robert A. Fernandez. (Attachments: # 1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary Injunction)(Schock, W.) filed by Robert A. Fernandez; ORDERED DENIED as moot in view of the renewed motion for preliminary injunction Doc. #23. Signed by District Judge Stephen N. Limbaugh, Jr on 03/09/2020. (CMH) (Entered: 03/09/2020)	RECAP
	March 9, 2020	A Docket Text Order
41	May 18, 2020	Docket Text ORDER: Status Conference set for 5/28/2020 10:30 AM in Telephone Conference in Chambers before District Judge Stephen N. Limbaugh Jr.. Signed by District Judge Stephen N. Limbaugh, Jr on 05/18/20. (CMH) (Entered: 05/18/2020)	RECAP
42	May 18, 2020	MEMORANDUM AND ORDER re: 36 MOTION to Exclude Affidavit of Jericka Johnson filed by Plaintiff Robert A. Fernandez, 33 MOTION for Judgment on the Pleadings filed by Defendant St. Louis County. IT IS HEREBY ORDERED that plaintiff's motion to exclude the affidavit of Jericka Johnson (ECF #36) is GRANTED. IT IS FURTHER ORDERED that defendant St. Louis County's motion for judgment on the pleadings (#33) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr. on 5/18/20. (CSG) (Entered: 05/18/2020)	RECAP
	May 18, 2020	A Docket Text Order with Schedules
43	May 26, 2020	ENTRY of Appearance by Steven J Capizzi for Defendant St. Louis County. (Capizzi, Steven) (Entered: 05/26/2020)	RECAP
44	May 26, 2020	Stipulation of Uncontested Facts by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)	RECAP
45	May 26, 2020	Exhibit List by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)	RECAP
46	May 26, 2020	Deposition Designations by Plaintiff Robert A. Fernandez.. (Schock, W.) (Entered: 05/26/2020)	RECAP
47	May 26, 2020	WITNESS LIST by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)	RECAP
48	May 26, 2020	WITNESS LIST by Defendant St. Louis County. (Moore, Robert) (Entered: 05/26/2020)	RECAP
49	May 26, 2020	Exhibit List by Defendant St. Louis County. (Moore, Robert) (Entered: 05/26/2020)	RECAP
50	May 26, 2020	Deposition Designations by Defendant St. Louis County.. (Moore, Robert) (Entered: 05/26/2020)	RECAP
51	May 28, 2020	SCHEDULING ORDER: IT IS HEREBY ORDERED that this case be reset for Bench Trial on Thursday, September 10, 2020 at 10:30 a.m. in Courtroom 3N of the Thomas F. Eagleton United States Courthouse. Bench Trial set for 9/10/2020 10:30 AM in Courtroom 3N - St. Louis before District Judge Stephen N. Limbaugh Jr. Signed by District Judge Stephen N. Limbaugh, Jr on 05/28/20. (CMH) (Entered: 05/28/2020)	RECAP
	May 28, 2020	ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Stephen N. Limbaugh, Jr: Status Conference held on 5/28/2020. (proceedings started: 10:31 A.M.) (proceedings ended: 10:47 A.M.)(Appearance for Plaintiff: Hugh Eastwood & Bevis Shock)(Appearance for Defendant: Linda Levin, Robert Moore & Steven Capizzi) (CMH)
	May 28, 2020	Status Conference
52	Aug. 19, 2020	Docket Text ORDER: Status Conference set for 8/21/2020 10:15 AM in Telephone Conference in Chambers before District Judge Stephen N. Limbaugh Jr.. Signed by District Judge Stephen N. Limbaugh, Jr on 08/19/20. (CMH) (Entered: 08/19/2020)	RECAP
53	Aug. 19, 2020	TRIAL BRIEF by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 08/19/2020)	RECAP
	Aug. 19, 2020	A Docket Text Order with Schedules
54	Aug. 21, 2020	ORDER: Conference call held this day with Court and counsel for all parties participating. By agreement of the parties, the case is removed from the trial setting of September 10, 2020, and the case will be submitted by that date on a stipulated record and briefs. Signed by District Judge Stephen N. Limbaugh, Jr on 08/21/20. (CMH) (Entered: 08/21/2020)	RECAP
55	Sept. 10, 2020	TRIAL BRIEF of the Solicitor License, Damages, and Attorney's Fees by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 09/10/2020)	RECAP
56	Sept. 10, 2020	Exhibit List by Plaintiff Robert A. Fernandez. (Attachments: # 1 Exhibit Ex. 1.Website version of County Code Chapter 804, # 2 Exhibit Ex.2. Certified Copy of Ordinance No. 6201, # 3 Exhibit Ex.3. Certified copy of Ordinance No. 13091, # 4 Exhibit Ex. 4. Certified copy of Ordinance No. 14,722, # 5 Exhibit Ex.5. Certified copy of Ordinance No. 21,507, # 6 Exhibit Ex.6.Certified copy of Ordinance No. 20,361, # 7 Exhibit Ex.7.Certified copy of Ordinance No. 21,028, # 8 Exhibit Ex.8. Certified copy of Ordinance No. 21,613, # 9 Exhibit Ex.9. Certified copy of Ordinance No. 21,834, # 10 Exhibit Ex.10. Certified copy of Ordinance No. 22,767, # 11 Exhibit Ex.11. Certified copy of Ordinance No. 23,112, # 12 Exhibit Ex.12. Certified copy of Ordinance No. 23,268, # 13 Exhibit Ex.13. Certified copy of Ordinance No. 23,7313, # 14 Exhibit Ex.14. Certified copy of Ordinance No. 24,089, # 15 Exhibit Ex.15. Certified copy of Ordinance No. 24,769, # 16 Exhibit Ex.16. Certified copy of Ordinance No. 25,013, # 17 Exhibit Ex.17. Certified copy of Ordinance No. 25,277, # 18 Exhibit Ex.18. Certified copy of Ordinance No. 25,559, # 19 Exhibit Ex.19. Certified copy of Ordinance No. 27,173, # 20 Exhibit Ex.20. County Website "Peddler/Commercial Solicitor/Street Vendor License Requirement", # 21 Exhibit Ex.21. CountyPolice website "Background Checks:, # 22 Exhibit Ex.22. Application for Peddler/Commercial Solicotor under Chapter 804, # 23 Exhibit Ex.23. Website for County Code Sections, # 24 Exhibit Ex.24.Certified copy of Ordinance No. 12347, # 25 Exhibit Ex.25. Certified copy of Ordinance No. 26,424, # 26 Exhibit Ex.26. Website for County Code Chapter 716, # 27 Exhibit Ex.27. Certified copy of Ordinance No. 3729, # 28 Exhibit Ex.28. Solicitor License No. 3371, # 29 Exhibit Ex.29. Record of 39 citations in St. Louis County, # 30 Exhibit Ex.30. Email from Asst. County Counselor Andi Alper, # 31 Exhibit Ex.31. Nolle Prosequi Memorandum dated May 9, 2019, # 32 Exhibit Ex.32. Photograph A, # 33 Exhibit Ex.33. Photograph B, # 34 Exhibit Ex.34. Photograph C, # 35 Exhibit Ex.35.Google Map of Intersection, # 36 Exhibit Ex.36. Same Google Map zoomed in, # 37 Exhibit Ex.37. Affidavit of Plaintiff, # 38 Exhibit Ex.38. Additional citations, # 39 Exhibit Ex.39. Fernandez motion to dismiss in county municipal court, # 40 Exhibit Ex.40. Order on Motion to dismiss in County, # 41 Exhibit Ex.41. Demonstrative Spreadsheet showing all relevant citations, # 42 Exhibit Ex.42. Demonstrative spreadsheet showing length of seizure, # 43 Exhibit Ex.43. Fernandez medical records, # 44 Exhibit Ex.44. Schock timesheet, # 45 Exhibit Ex.45. Eastwood Timesheet, # 46 Exhibit Ex.46. Schock Affidavit, # 47 Exhibit Ex.47. Pleban Affidavit, # 48 Exhibit Ex.48. Herman Affidavit, # 49 Exhibit Ex.49. Eastwood Affidavit, # 50 Exhibit Ex.50. Fry Affidavit, # 51 Exhibit Ex.51. Hoell Affidavit, # 52 Exhibit Ex.52. Billing Rates Missouri Lawyers Weekly 2019)(Schock, W.) (Entered: 09/10/2020)	RECAP
57	Sept. 10, 2020	Stipulation of Uncontested Facts by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 09/10/2020)	RECAP
58	Sept. 10, 2020	TRIAL BRIEF by Defendant St. Louis County. (Moore, Robert) (Entered: 09/10/2020)	RECAP
59	Sept. 10, 2020	Exhibit List For Trial Brief by Defendant St. Louis County. (Attachments: # 1 Exhibit Exhibit A - Audio Disc, # 2 Exhibit Exhibit B - Report 18-33253, # 3 Exhibit Exhibit C - Report 19-49564, # 4 Exhibit Exhibit D - Plaintiff Deposition, # 5 Exhibit Exhibit E - CAD call log, # 6 Exhibit Exhibit F - Report 19-43909, # 7 Exhibit Exhibit G - Report 19-40240, # 8 Exhibit Exhibit H - Report 18-9201, # 9 Exhibit Exhibit I - Report 17-6310, # 10 Exhibit Exhibit J - Report 19-13856)(Moore, Robert) (Entered: 09/10/2020)	RECAP
60	Sept. 10, 2020	MOTION for Leave to File in Excess of Page Limitation by Defendant St. Louis County. (Moore, Robert) (Entered: 09/10/2020)	RECAP
61	Sept. 10, 2020	Exhibit List Affidavits for Trial Brief by Defendant St. Louis County. (Attachments: # 1 Affidavit Affidavit - Kriska, # 2 Affidavit Affidavit - Dolly, # 3 Affidavit Affidavit - Schneider)(Moore, Robert) (Entered: 09/10/2020)	RECAP
62	Sept. 10, 2020	MOTION for Leave to Trial Brief of the Solicitor License, Damages, and Attorneys Fees file Excess Pages by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/10/2020)	RECAP
63	Sept. 11, 2020	Docket Text ORDER: Re: 62 MOTION for Leave to Trial Brief of the Solicitor License, Damages, and Attorneys Fees file Excess Pages by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) filed by Robert A. Fernandez ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 9/11/20. (CMH) (Entered: 09/11/2020)	RECAP
64	Sept. 11, 2020	Docket Text ORDER: Re: 60 MOTION for Leave to File in Excess of Page Limitation by Defendant St. Louis County. (Moore, Robert) filed by St. Louis County ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 09/11/20. (CMH) (Entered: 09/11/2020)	RECAP
	Sept. 11, 2020	A Docket Text Order
65	Sept. 23, 2020	Docket Text ORDER: The parties have submitted briefing and stipulated facts, most of which they agree on. However, there is a clear disagreement about the extent of Fernandez's use of the roadway separate and apart from sidewalks, curbs, and/or medians. Fernandez embraces that he may briefly step into the curbside or shoulder of the roadway when the light is red to complete his receipt of a donation. Police contend, by affidavit, that they have seen plaintiff walk into the traffic lanes, including the second lane of traffic, in order to get donations from vehiclesa practice both parties acknowledge can slow traffic and create dangerous situations when the light turns green. This Court notes that the relevant ordinance, Section 1209.090, prohibits persons from stand[ing] in a roadway for the purpose of soliciting[,] which earlier ordinances such as Section 1209.080 distinguish from sidewalks and shoulders. The citation spreadsheet (exhibit 41) does not indicate whether citations were issued for standing in or otherwise obstructing the roadway itself, as opposed to being cited for using the sidewalk, median, or shoulders to solicit. But, given its plain language, Section 1209.090 appears to prohibit conduct separate and apart from that which plaintiff says he was engaged inthat is, soliciting from the safety of a median or sidewalk. This distinction plays greatly into the County's rationale about traffic safety. Indeed, Fernandez expressly acknowledges that he is not asking this Court to extend novel protections to his ability to meander through the travel lanes within the roadway. (emphasis in original). And this Court takes the parties' arguments to mean that Fernandez is not being arbitrarily cited for violation of Section 1209.090 for the brief moment it takes to step away from the sidewalk or median to receive money from a car window. The parties are hereby ordered, within seven (7) days, to provide additional briefing regarding the limited scope of Section 1209.090 (limited to stand[ing] in the roadway) and how this pertains to Fernandez's arguments that his constitutional rights have been violated for having used, instead, the wide sidewalk median area to engage in solicitation. Signed by District Judge Stephen N. Limbaugh, Jr on 09/23/20. (CMH) (Entered: 09/23/2020)	RECAP
	Sept. 23, 2020	A Docket Text Order
66	Sept. 30, 2020	TRIAL BRIEF Plaintiffs Additional Briefing on Limited Scope of Section 1209.090 by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/30/2020)	RECAP
67	Sept. 30, 2020	Exhibit List For Supplemental Trial Brief by Defendant St. Louis County. (Attachments: # 1 Exhibit Police Report 18-60180, # 2 Exhibit Police Report 19-13698, # 3 Exhibit Police Report 20-1918, # 4 Exhibit Police Report 20-2226, # 5 Exhibit Police Report 18-30542, # 6 Exhibit Police Report 19-40534, # 7 Exhibit Police Report 18-23420, # 8 Exhibit Police Report 17-2325, # 9 Exhibit Police Report 46743, # 10 Exhibit Police Report 18-65482, # 11 Exhibit Plaintiff's Deposition, # 12 Exhibit Police Report 19-40240, # 13 Exhibit Police Report 17-6310, # 14 Affidavit Craig Kriska Affidavit)(Moore, Robert) (Entered: 09/30/2020)	RECAP
68	Sept. 30, 2020	TRIAL BRIEF Supplemental Trial Brief by Defendant St. Louis County. (Moore, Robert) (Entered: 09/30/2020)	RECAP
69	Oct. 13, 2020	ORDER re 12 MOTION for Hearing re 3 MOTION for Preliminary Injunction Plaintiffs Motion for Preliminary Injunction Hearing Date, Relief from Order setting Rule 16 Conference, and Reply to Defendants Memorandum in Opposition to Plaintiffs Mo filed by Robert A. Fernandez. Plaintiff's motion for hearing on his preliminary injunction (ECF #12) and motion for preliminary injunction (ECF #23) are DENIED AS MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 10/13/20. (CSG) (Entered: 10/13/2020)	RECAP
70	May 11, 2021	MEMORANDUM AND ORDER: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that judgment will be entered in plaintiff Robert Fernandez's favor on Counts I, II, III, and V of plaintiff's complaint [Doc. #1]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment will be entered in defendant St. Louis County's favor on Counts IV and VI of plaintiff's complaint [Doc. #1]. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the following provisions will be severed from the St. Louis County Peddlers and Solicitors Code, Chapter 804, and defendant is prohibited from enforcing them: (1) the prohibition on soliciting property or financial assistance of any kind without a license, as contained in sections 804.030(4)(c)(i) and 804.050; and (2) section 804.165, Restriction of Solicitation at Designated Intersections. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that section 1209.090.1 will be severed from the St. Louis County Traffic Code, Chapter 1209, and defendant is prohibited from enforcing section 1209.090.1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that sections 716.080 and 716.090 will be severed from the St. Louis County Petty Offenses Code, Chapter 716, and defendant is prohibited from enforcing sections 716.080 and 716.090. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff is entitled to damages from defendant in the amount of $150,000.00. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that plaintiff is entitled to attorneys' fees and costs from defendant under 42 U.S.C. ยง 1988 in the amount of $138,515.00.A separate judgment will issue. Signed by District Judge Stephen N. Limbaugh, Jr on 05/11/2021. (CMH) (Entered: 05/11/2021)	RECAP
71	May 11, 2021	JUDGMENT: In accordance with the memorandum and order entered today, and Fed. R. Civ. P. 58, JUDGMENT is hereby granted as follows: On Count I, in favor of plaintiff and against defendant. The following provisions are hereby severed from the St. Louis County Peddlers and Solicitors Code, Chapter 804, and defendant is prohibited from enforcing them: (1) the prohibition on soliciting property or financial assistance of any kind without a license, as contained in sections 804.030(4)(c)(i) and 804.050; and (2) section 804.165, Restriction of Solicitation at Designated Intersections. On Count II, in favor of plaintiff and against defendant. Section 1209.090.1 is hereby severed from the St. Louis County Traffic Code, Chapter 1209, and defendant is prohibited from enforcing section 1209.090.1. On Count III, in favor of plaintiff and against defendant. Sections 716.080 and 716.090 are hereby severed from the St. Louis County Petty Offenses Code, Chapter 716, and defendant is prohibited from enforcing sections 716.080 and 716.090. Signed by District Judge Stephen N. Limbaugh, Jr on 05/11/2021. (CMH) (Entered: 05/11/2021)	RECAP
72	May 17, 2021	MOTION for Bill of Costs by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/17/2021)	RECAP
73	June 17, 2021	NOTICE Satisfaction of Judgment: by Plaintiff Robert A. Fernandez (Schock, W.) (Entered: 06/17/2021)	RECAP
74	June 18, 2021	Bill of Costs Taxed in amount of $ 781.00 against St. Louis County 72 MOTION for Bill of Costs filed by Robert A. Fernandez. (CMH) (Entered: 06/18/2021)	RECAP

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Case Details

State / Territory:

Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 5, 2019

Closing Date: June 18, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A homeless man residing in St. Louis County, Missouri.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

St. Louis County, Missouri

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Eastern District of Missouri 4:19-cv-01638

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $228,515

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Poverty/homelessness

Recommended Citation

Case Summary of Fernandez v. St. Louis County, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/18132/ (last updated 7/15/2021).