Judge rules against Miner

Homeless couple challenged city of Miner's effort to ban loitering, vagrancy, begging

CAPE GIRARDEAU -- A judge has ruled on behalf of a homeless couple in their lawsuit against the city of Miner.

U.S. District Judge Stephen N. Limbaugh Jr. entered a consent judgment in the American Civil Liberties Union of Missouri's challenge to the city of Miner's effort to ban loitering, vagrancy and begging. The ACLU filed the lawsuit last December on behalf of a Brandalyn Orchard and Edward Gillespie, who were threatened with arrest by Miner police officers.

As part of the consent judgement, the city of Miner has agreed to pay Orchard and Gillespie $2,500 each with the city agreeing to pay the taxable costs of $405. Also Miner officials agreed to pay attorney fees for the plaintiffs which amounted to $4,316.

In late September of 2013, Orchard and Gillespie, who are Missouri residents, were approached by a Miner police officer who observed the couple standing on public property and holding a sign that read: "Traveling. Anything helps. God bless." The officer told the couple they must leave town.

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