Shelter, Jackson settle suit

The agreement settling a long-running dispute between Jackson and Cape Girardeau County's only homeless shelter includes standards for who may live there.

The Revival Center, which has drawn fire from some residents near the former nursing home at 914 Old Cape Road, must conduct criminal background checks on anyone seeking shelter and turn away anyone with a history of violent crime under the settlement unveiled Wednesday.

The settlement was approved by the Jackson Board of Aldermen in a closed session March 5. City attorney Tom Ludwig said he has been finalizing the document and working to set up a session to inform the Jackson Police Department of its details.

Francis Seibert of Scott City, the attorney representing the Revival Center, declined to comment on the specifics of the agreement because it has not been presented to Circuit Judge Ben Lewis for approval. But pastor Joyce Hungate, who opened the shelter since 2001, said it will change little about her operation.

The agreement settles the second lawsuit filed by the city against Hungate and the Revival Center. In both lawsuits, the city contended Hungate was operating a halfway house in violation of city ordinances.

A 2002 lawsuit was settled without a written agreement, Ludwig said. In the new written settlement, which would close the books on a lawsuit filed in September, is silent on whether city zoning rules apply to the home.

The Revival Center has separate wings for men and women and takes in almost anyone who shows up at the door needing shelter. Under the agreement, Hungate must seek a criminal background check on everyone she shelters and turn away anyone with a history of sex offenses or violent crime.

Hungate said she was already conducting checks to make sure people seeking help were not wanted by the police. "We don't let in anybody who is violent, and we don't let people in with mental illnesses," she said. "We are not staffed for that."

Under the agreement, the Jackson Police Department will conduct criminal history checks on anyone seeking shelter at no cost.

"One of the main issues is that the police felt they needed more information about what was going on over there," Ludwig said.

In the lawsuit, the city alleged police have been called to the neighborhood near the shelter 36 times since 2004. The reasons included serving arrest warrants, a stray dog, a theft and an alleged rape.

Hungate doesn't deny that some residents have come to her from detoxification centers or the county jail. But she said she has sought to be a good neighbor. "We get some from the jail," she said. "Sometimes the police bring them here."

The shelter provides clean, individual rooms for people needing a helping hand, Hungate said. Residents must seek work, help with chores and attend worship services. "If they don't meet the standard in three days, they are out," she said.

While the agreement is silent on the zoning issue, Ludwig said it represents a victory for the city because it includes the background checks and ban on violent offenders. Seibert, in court papers, had argued that the religious mission of the center trumped zoning laws.

But Ludwig said the religious issue doesn't exempt the housing portion of the operation. "We can't regulate churches when they are being churches," he said. "But if a church wanted to put in a Taco Bell, they would be subject to the same regulation as anyone else running a Taco Bell."If the center violates the agreement, it must shut down the housing operation.

The restrictions on who can live in the Revival Center and the requirement for criminal background checks should allay concerns among neighbors, said Julia Sander, a resident of John Street who in January signed a letter to the Southeast Missourian with 12 of her neighbors seeking the closing of the center.

"The agreement they have got is probably about as good as they are going to get," she said. "I am not going to say I want those people kicked out in the night."

To allay concerns of residents in the neighborhood, Ludwig said the city is going to conduct a "review session" to inform the neighbors of the settlement details.

A "for sale" sign has stood in front of the center since late last year. Even with the agreement, Hungate said she will continue to seek a buyer and, if possible, move the shelter's operations to Cape Girardeau.

"I never sue, and I never fight back," she said. "I just pray that they will have compassion for hurting people."

rkeller@semissourian.com

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