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.

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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

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Documents in the Clearinghouse

	Document
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 538

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Resources

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 Feb. 28, 2024, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	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	June 5, 2019	June 5, 2019 RECAP
2	ENTRY of Appearance by Hugh A. Eastwood for Plaintiff Robert A Fernandez. (Eastwood, Hugh) (Entered: 06/05/2019)	June 5, 2019	June 5, 2019 PACER
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.) (Entered: 06/06/2019) 1 Attachment Plaintiff's Memorandum in Support of his Motion for Preliminary View on RECAP	June 6, 2019	June 6, 2019 PACER
	Case Opening Notification	June 6, 2019	June 6, 2019 PACER
4	SUPPLEMENTAL re 1 Complaint,,,,,,,,,, Waiver of Service, Original Filing Form, Civil Cover Sheet by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 06/06/2019)	June 6, 2019	June 6, 2019 PACER
	Case Opening Notification: Waivers issued 1. Judge Assigned: Honorable Jean C. Hamilton. (JWD)	June 6, 2019	June 6, 2019 PACER
5	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)	July 8, 2019	July 8, 2019 PACER
6	ENTRY of Appearance by Linda Levin for Defendant St. Louis County. (Levin, Linda) (Entered: 07/23/2019)	July 23, 2019	July 23, 2019 PACER
7	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)	Aug. 22, 2019	Aug. 22, 2019 PACER
8	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)	Aug. 22, 2019	Aug. 22, 2019 PACER
9	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)	Aug. 23, 2019	Aug. 23, 2019 PACER
10	ANSWER to 1 Complaint,,,,,,,,,, by St. Louis County.(Levin, Linda) (Entered: 08/30/2019)	Aug. 30, 2019	Aug. 30, 2019 RECAP
11	MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Defendant St. Louis County. (Levin, Linda) (Entered: 08/30/2019)	Aug. 30, 2019	Aug. 30, 2019 PACER
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 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)	Sept. 3, 2019	Sept. 3, 2019 PACER
13	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)	Sept. 10, 2019	Sept. 10, 2019 PACER
14	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)	Sept. 11, 2019	Sept. 11, 2019 PACER
15	JOINT SCHEDULING PLAN by Plaintiff Robert A. Fernandez. . (Schock, W.) (Entered: 09/18/2019)	Sept. 18, 2019	Sept. 18, 2019 PACER
16	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)	Sept. 27, 2019	Sept. 27, 2019 PACER
	Telephone Conference	Sept. 27, 2019	Sept. 27, 2019 PACER
17	JOINT SCHEDULING PLAN by Plaintiff Robert A. Fernandez. First Amended. (Eastwood, Hugh) (Entered: 10/08/2019)	Oct. 8, 2019	Oct. 8, 2019 PACER
18	MEMORANDUM re 16 Telephone Conference, Meet and Confer by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 10/08/2019)	Oct. 8, 2019	Oct. 8, 2019 PACER
19	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)	Oct. 10, 2019	Oct. 10, 2019 PACER
	Rule 16 Conference	Oct. 10, 2019	Oct. 10, 2019 PACER
20	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)	Oct. 10, 2019	Oct. 10, 2019 PACER
21	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)	Oct. 10, 2019	Oct. 10, 2019 PACER
22	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)	Oct. 10, 2019	Oct. 10, 2019 RECAP
23	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	Nov. 12, 2019	Nov. 12, 2019 RECAP
24	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)	Nov. 18, 2019	Nov. 18, 2019 RECAP
25	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)	Nov. 19, 2019	Nov. 19, 2019 PACER
26	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	Dec. 27, 2019	Dec. 27, 2019 PACER
27	MOTION for Leave to file Additional Memorandum by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 01/22/2020)	Jan. 22, 2020	Jan. 22, 2020 PACER
28	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	Jan. 22, 2020	Jan. 22, 2020 PACER
29	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)	Jan. 23, 2020	Jan. 23, 2020 PACER
	A Docket Text Order	Jan. 23, 2020	Jan. 23, 2020 PACER
30	ENTRY of Appearance by Robert C. Moore for Defendant St. Louis County. (Moore, Robert) (Entered: 01/28/2020)	Jan. 28, 2020	Jan. 28, 2020 PACER
31	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)	Jan. 29, 2020	Jan. 29, 2020 PACER
32	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)	Feb. 3, 2020	Feb. 3, 2020 RECAP
33	MOTION for Judgment on the Pleadings by Defendant St. Louis County. (Levin, Linda) (Entered: 02/10/2020)	Feb. 10, 2020	Feb. 10, 2020 RECAP
34	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	Feb. 10, 2020	Feb. 10, 2020 RECAP
35	MEMORANDUM in Opposition re 33 MOTION for Judgment on the Pleadings filed by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 02/21/2020)	Feb. 21, 2020	Feb. 21, 2020 PACER
36	MOTION to Exclude Affidavit of Jericka Johnson by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 02/21/2020)	Feb. 21, 2020	Feb. 21, 2020 PACER
37	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)	March 3, 2020	March 3, 2020 PACER
	Telephone Conference	March 3, 2020	March 3, 2020 PACER
	A Docket Text Order with Schedules	March 3, 2020	March 3, 2020 PACER
38	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)	March 3, 2020	March 3, 2020 PACER
39	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)	March 3, 2020	March 3, 2020 PACER
40	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)	March 9, 2020	March 9, 2020 PACER
	A Docket Text Order	March 9, 2020	March 9, 2020 PACER
41	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)	May 18, 2020	May 18, 2020 PACER
	A Docket Text Order with Schedules	May 18, 2020	May 18, 2020 PACER
42	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)	May 18, 2020	May 18, 2020 RECAP
43	ENTRY of Appearance by Steven J Capizzi for Defendant St. Louis County. (Capizzi, Steven) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
44	Stipulation of Uncontested Facts by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
45	Exhibit List by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
46	Deposition Designations by Plaintiff Robert A. Fernandez.. (Schock, W.) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
47	WITNESS LIST by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
48	WITNESS LIST by Defendant St. Louis County. (Moore, Robert) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
49	Exhibit List by Defendant St. Louis County. (Moore, Robert) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
50	Deposition Designations by Defendant St. Louis County.. (Moore, Robert) (Entered: 05/26/2020)	May 26, 2020	May 26, 2020 PACER
	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	May 28, 2020 PACER
51	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)	May 28, 2020	May 28, 2020 PACER
	Status Conference	May 28, 2020	May 28, 2020 PACER
52	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)	Aug. 19, 2020	Aug. 19, 2020 PACER
53	TRIAL BRIEF by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 08/19/2020)	Aug. 19, 2020	Aug. 19, 2020 PACER
	A Docket Text Order with Schedules	Aug. 19, 2020	Aug. 19, 2020 PACER
54	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)	Aug. 21, 2020	Aug. 21, 2020 PACER
55	TRIAL BRIEF of the Solicitor License, Damages, and Attorney's Fees by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
56	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)	Sept. 10, 2020	Sept. 10, 2020 PACER
57	Stipulation of Uncontested Facts by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
58	TRIAL BRIEF by Defendant St. Louis County. (Moore, Robert) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 RECAP
59	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)	Sept. 10, 2020	Sept. 10, 2020 PACER
60	MOTION for Leave to File in Excess of Page Limitation by Defendant St. Louis County. (Moore, Robert) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
61	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)	Sept. 10, 2020	Sept. 10, 2020 PACER
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) (Entered: 09/10/2020)	Sept. 10, 2020	Sept. 10, 2020 PACER
63	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)	Sept. 11, 2020	Sept. 11, 2020 PACER
64	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)	Sept. 11, 2020	Sept. 11, 2020 PACER
	A Docket Text Order	Sept. 11, 2020	Sept. 11, 2020 PACER
65	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)	Sept. 23, 2020	Sept. 23, 2020 PACER
	A Docket Text Order	Sept. 23, 2020	Sept. 23, 2020 PACER
66	TRIAL BRIEF Plaintiffs Additional Briefing on Limited Scope of Section 1209.090 by Plaintiff Robert A. Fernandez. (Eastwood, Hugh) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 PACER
67	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)	Sept. 30, 2020	Sept. 30, 2020 PACER
68	TRIAL BRIEF Supplemental Trial Brief by Defendant St. Louis County. (Moore, Robert) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 RECAP
69	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)	Oct. 13, 2020	Oct. 13, 2020 RECAP
70	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)	May 11, 2021	May 11, 2021 RECAP
71	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)	May 11, 2021	May 11, 2021 PACER
72	MOTION for Bill of Costs by Plaintiff Robert A. Fernandez. (Schock, W.) (Entered: 05/17/2021)	May 17, 2021	May 17, 2021 RECAP
73	NOTICE Satisfaction of Judgment: by Plaintiff Robert A. Fernandez (Schock, W.) (Entered: 06/17/2021)	June 17, 2021	June 17, 2021 RECAP
74	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)	June 18, 2021	June 18, 2021 PACER