City eyes federal jury trial in Kirk lawsuit

Mar. 5—The City of St. Joseph is asking a federal judge to either throw out claims against it by a former member of the St. Joseph Public Library governing body or consider a jury trial to get the matter resolved.

Brian Kirk sued the municipal government in February, naming Mayor John Josendale, each member of the city council, Josh Blevins and Steven Greiert as defendants. The suit initially arrived in Missouri court filings but has since been transferred to the U.S. District Court for the Western District of Missouri. Senior Judge Gary A. Fenner, one of the longest-serving members of the court, is set to preside over any trial should it take place; Fenner was appointed by then-President Bill Clinton in 1996.

Kirk claims in his initial lawsuit that when he was denied the role of vice president of the library board, which is part of the city's purview, and subsequently not appointed to a second three-year term as a member, this happened for discriminatory reasons. Allegedly, because Kirk is gay.

In a 19-page defense counsel answer filed with Fenner on Feb. 15, Kirk's claims are denied in their entirety, and to the extent that any liability may exist, damages are said to be minimal because Kirk served in an unpaid role on the board. Further, Kirk is not entitled to punitive damages under various claims of law, the defense argued.

"City Defendants state that Plaintiff is not a member of a protected class and Plaintiff's sexual preference or identity cannot make him a member of a protected class," wrote defense counsel Brandon D. Mizner and Thomas H. Osborn.

The defense also objected to Kirk's petition for the removal of tax exempt status from Grace Calvary Chapel, where Blevins serves as pastor.

"Further, the City Council cannot be mandated to adopt a formal written policy based upon the allegations of Plaintiff Kirk and the prayer for the recission of Grace Calvary's tax exempt status is inappropriate in that Grace Calvary Church is not a party to this action, and this Court lacks the jurisdiction to rule regarding its tax exempt status," Mizner and Osborn wrote.

Based on their findings, the court is asked to dismiss Kirk's lawsuit with prejudice, meaning he would not be able to re-file similar claims. Subsequent to this, if it happens, the defendants are said to be entitled to costs and expenses incurred by the lawsuit, including "reasonable" attorney fees.

Marcus Clem can be reached at marcus.clem@newspressnow.com. Follow him on Twitter: @NPNowClem