Two defendants ask federal judge to throw out Kirk lawsuit

May 1—A response to a local pastor's recent request to modify his federal lawsuit against the City of St. Joseph and two of his critics contends the only remedy in the case should be its dismissal.

Steven Greiert and Josh Blevins are defendants in the discrimination and defamation suit brought by Brian Kirk after he was not reappointed to the library board last year. Their attorneys made the request for dismissal to Senior Judge Gary A. Fenner of the U.S. District Court for the Western District of Missouri. Fenner has served since 1996, following appointment by then-President Bill Clinton.

Kirk filed a lawsuit in February in the Buchanan County Circuit Court against the city, Greiert and Blevins, a pastor, while also asking for Blevins' church, Grace Calvary Chapel, to lose its tax-exempt status. The defendants later got the case moved to the federal court, based in Kansas City, Missouri.

In their filing this week, the lawyers spoke to how they believe Fenner should throw the whole case out, mainly because in criticizing Kirk, defendants Greiert and Blevins are said to have exercised their constitutional rights.

"The First Amendment of the U.S. Constitution provides robust protection to the speech at issue here," their attorneys said in the filing. "In the typical defamation lawsuit, courts 'worry' that defamation lawsuits will lead to 'self-censorship' and that the 'uncertainties and expense of litigation will deter speakers from making even truthful statements' ... Not only are defendants' First Amendment free speech rights at stake, but defendants' First Amendment rights to freely exercise their religions, associate, and petition their government are too."

Kirk, himself a religious leader at First Christian Church, alleges discrimination and defamation related to the non-renewal of his tenure as a St. Joseph Public Library board member in 2023. Kirk is gay and has claimed his advocacy for LGBTQ people is the main reason city officials did not re-appoint him, at the alleged behest of Blevins and Greiert, who is the chairman of the Buchanan County Republican Central Committee. Kirk alleges, the defendants discriminated against him and suppressed his freedom of speech.

"Ultimately, plaintiff was removed (from the library board) due to his speech of support of the LGBTQ community, his religious speech, and because he is an openly gay pastor," Kirk's attorneys said in an April 16 filing.

On April 16, Kirk asked Fenner for permission to drop the tax exemption demand and revise claims of defamation against Blevins and Greiert. Fenner has not yet made any rulings on Kirk's lawsuit.

Civil lawsuits are known to take months to resolve, even if they do not go to trial, which both parties have said they will do if the case continues.

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