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IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI

ZOOLOGICAL PARK SUBDISTRICT ) OF THE METROPOLITAN ) PARK MUSEUM DISTRICT, ) ) Cause No. Plaintiff, ) ) Division No. vs. ) ) JEFFRY K. SMITH, ) ) Defendant. )

THE ZOOLOGICAL PARK SUBDISTRICT OF THE METROPOLITAN ZOOLOGICAL PARK MUSEUM DISTRICTS VERIFIED PETITION FOR

TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION

The Zoological Park Subdistrict of the Metropolitan Zoological Park Museum District

(Saint Louis Zoo), by and through undersigned counsel and for its Verified Petition for

Temporary Restraining Order, Preliminary Injunction and Permanent Injunction, hereby allege

and state as follows:

INTRODUCTION

1. Saint Louis Zoo seeks a temporary restraining order (TRO), preliminary

injunction and permanent injunction against a gun rights activist from the State of Ohio known

as Jeffry K. Smith (Smith) (and anyone acting in association or concert with him). Smith has

scheduled a protest to be held at Saint Louis Zoo and is threatening to carry firearms into the zoo

in violation of Saint Louis Zoos policy prohibiting weapons on its premises. Saint Louis Zoos

policy is consistent with Missouri law, including recently enacted Section 571.107 of the

Revised Statutes of Missouri (Carry Statute), which prohibits the concealed or open carry of

firearms in amusement parks, educational facilities and child care facilities. Furthermore, the

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Carry Statute allows both private and public businesses who open their respective facilities to the

public to prohibit visitors from carrying firearms on their premises as long as they post signs

alerting visitors to the policy. Immediate and irreparable injury, damage or loss will result to

Saint Louis Zoo in the absence of injunctive relief as the safety, patronage and image of Saint

Louis Zoo will be compromised if visitors are permitted to carry firearms or other weapons on

Saint Louis Zoo property.

FACTS AND ALLEGATIONS

2. Saint Louis Zoo is a political subdistrict of the State of Missouri.

3. The mission of Saint Louis Zoo is [t]o conserve animals and their habitats

through animal management, research, recreation, and educational programs that encourage the

support and enrich the experience of the public.

4. In support of its mission regarding education, Saint Louis Zoo operates a licensed

pre-school which utilizes the entire 90-acre campus of Saint Louis Zoo as its classroom; Saint

Louis Zoo also holds camps for adults and children from pre-school to grade 12 --- these camps

utilize the entire campus of Saint Louis Zoo; and school field trips and Scout and Youth Group

outings at Saint Louis Zoo account for many thousands of children visiting all portions of Saint

Louis Zoo on a daily basis throughout the year for educational purposes. As many as seventy

(70) buses per day bring children to Saint Louis Zoo.

5. Moreover, for more than 20 years, Saint Louis Zoo has partnered with The

Special School District (SSD) of Saint Louis County to provide training, growth and

preparation for the world of work to students who receive services from SSD a local public

school district that supports the educational needs of children with disabilities. As part of this

program, Saint Louis Zoo provides as many as 15 special needs students at a time with real-

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world work experience and education. The SSD program operates year-round and students of

the program work and learn on all parts of Saint Louis Zoos campus.

6. In support of the recreational component of its mission, Saint Louis Zoo provides

its visitors with walking/hiking trails and dozens of animal exhibits for free. In addition, Saint

Louis Zoo offers the following amusement rides / attractions for a fee: (a) a sea lion show; (b)

the Conservation Carousel (mechanical merry-go-round); (c) the Zooline Railroad (1.5 mile

narrated train rides through Saint Louis Zoo); (d) the Dino Safari 4-D Motion Simulator Ride;

(e) movies; (f) Safari Walking Tours; (g) Stingrays at Caribbean Cove (involving the feeding and

touching of stingrays); (h) Green Screen photo opportunities; and (i) music concerts (Friday

night concert series called Jungle Boogie; and Summer concert series called Jammin at the

Zoo). Saint Louis Zoo also has concessions serving food and drinks.

7. In 2009, Saint Louis Zoo received a prestigious award from the International

Association of Amusements Parks and Attractions.

8. Saint Louis Zoo has a policy which prohibits visitors to Saint Louis Zoo from

carrying weapons onto Saint Louis Zoos property. This policy is consistent with the laws of the

State of Missouri, Saint Louis Zoos mission and the family-friendly environment it seeks to

promote.

9. To inform the visitors of Saint Louis Zoo of the policy, Saint Louis Zoo has

posted signs at the entrances to its premises which state as follows: No Firearms Or Weapons

Allowed On This Property. A photograph of one of the signs is incorporated herein and

attached hereto as Exhibit 1.

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10. Smith is a gun rights activist residing in the State of Ohio. Smith regularly

organizes and attends gun rights rallies. According to media reports, in October 2013, Smith

attended a rally in Ohio and spoke to the media in support of the stand your ground gun bill.

At the rally, Smith stood with holstered guns on both hips. Then, in the Fall of 2014, Smith

organized a gun rights rally ending on the St. Louis Arch grounds where he and numerous other

participants openly carried assault rifles and other firearms. A photograph of Smith (in the

cowboy hat) at the St. Louis event is incorporated herein and attached hereto as Exhibit 2.

Smith also organized an Open Carry/Firearm Education Walk at the University of Cincinnati

in April 2015.

11. On or about May 31, 2015 and thereafter, Smith contacted Saint Louis Zoo to

question its policy on prohibiting weapons from being carried on its premises.

12. As part of his communications with Saint Louis Zoo, Smith demanded that Saint

Louis Zoo remove the no weapons signs from its entrances and change its policy to allow

visitors of Saint Louis Zoo to carry firearms on Saint Louis Zoos property.

13. In response, Saint Louis Zoo informed Smith that it would not change its policy

or remove its no weapons signs.

14. On June 5, 2015, Smith informed Saint Louis Zoo that it was his intention to carry

a firearm, openly or concealed, onto Saint Louis Zoos premises sometime between June 13 and

June 20, 2015.

15. Smith has since created a Facebook event page announcing a Saint Louis Zoo

Firearm Rights Challenge which he has scheduled for Saturday, June 13, 2015, at 1:30 p.m., at

the Saint Louis Zoo (the protest). A copy of the Facebook Event page is incorporated herein

and attached hereto as Exhibit 3. On the day of the protest, Smith is threatening to lead persons

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of similar ideology to himself on a walk through Saint Louis Zoos grounds armed with guns in

order to challenge the no weapons policy.

COUNT I: INJUNCTIVE RELIEF

16. Saint Louis Zoo incorporates by reference each of the allegations set forth in

Paragraphs 1 through 15 hereof as though fully set forth herein.

17. Smiths threat to bring firearms on Saint Louis Zoo property, and his encouraging

of others to join him in this activity, is a real threat. It has been announced on Facebook and,

based on Smiths past activism, should be taken seriously.

18. The threat is immediate in that the protest is planned to take place at Saint Louis

Zoo in less than 36 hours from the filing of this Petition.

19. If Smith (or any other persons) carry out Smiths plan of bringing weapons on

Saint Louis Zoo property, Smith (and any similar actors) would be knowingly violating Saint

Louis Zoo policy and the Carry Statute which prohibits the concealed or open carry of firearms

in, inter alia, amusement parks, educational facilities and child care facilities (collectively, No

Gun Zones).

20. Subsection (10) of the Carry Statute denies persons with or without concealed

carry permits from carrying weapons (openly or concealed) into [a]ny higher education

institution or elementary or secondary school facility . . . .

21. Subsection (11) of the Carry Statute denies persons with or without concealed

carry permits from carrying weapons (openly or concealed) into [a]ny portion of a building used

as a child care facility . . . .

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22. Subsection (13) of the Carry Statute denies persons with or without concealed

carry permits from carrying weapons (openly or concealed) into [a]ny gated area of an

amusement park.

23. Subsection (15) of the Carry Statute provides that [t]he owner, business or

commercial lessee, manager of a private business enterprise, or any other organization, entity,

or person may prohibit persons holding a concealed carry permit or endorsement from carrying

concealed firearms on the premises . . . . If the building or the premises are open to the public,

the employer of the business enterprise shall post signs on or about the premises if carrying a

concealed firearm is prohibited.

24. Based on the overall mission of Saint Louis Zoo, its educational activities, its

child care facility and the amusement attractions it offers its visitors, Saint Louis Zoo fits within

at least four of the categories of No Gun Zones described in the Firearm Statute.

25. Saint Louis Zoo has no adequate remedy at law in the event Smith or others enter

upon Saint Louis Zoo Property in possession of prohibited firearms.

26. Immediate and irreparable injury, damage or loss will result to Saint Louis Zoo in

the absence of injunctive relief as the safety, patronage and image of Saint Louis Zoo will be

compromised by permitting visitors to carry firearms and other weapons on Saint Louis Zoo

property. In fact, Saint Louis Zoos Education Department has received numerous telephone

calls from concerned parents who are understandably considering removing their children from

Saint Louis Zoos educational programs if firearms are allowed on campus.

WHEREFORE, in light of the real and imminent threat that Smith (and other persons

acting in concert with him) will cause irreparable harm to Saint Louis Zoo by violating the no

weapons policy and the laws of the State of Missouri, Saint Louis Zoo prays that the Court

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grant a temporary restraining order, preliminary injunction and permanent injunction enjoining

Smith (and anyone acting in concert with him or who has notice of such order) from entering

upon Saint Louis Zoo property in possession of a firearm or any other weapon capable of lethal

use (whether the weapon is possessed openly or concealed); and for such other and further relief

as the Court deems proper.

VERIFICATION

COMES NOW Dustin P. Deschamp, and states that I am the Director of Human

Resources for Saint Louis Zoo, that I have read the foregoing Petition for Temporary Restraining

Order, Preliminary Injunction and Permanent Injunction, and that the factual allegations

contained therein are true and correct to the best of my information, knowledge and belief.

STATE OF MISSOURI ) ) ss. CITY OF SAINT LOUIS )

On this 11th day of June, 2015, before me appeared Dustin P. Deschamp, to me known to be the person described in and who executed the foregoing instrument, and [ acknowledge that slhe executed the same as his/her free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year above written.

My Commission Expires: J.- 4 -I'?

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TIMOTHY J. RAKERS Notary P~ie Notary Seal

State ol Missouri, Saint Louis City Commission #14398589

My CommiSSIOn Expires Feb 4, 2018

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Respectfully submitted, THE LOWENBAUM PARTNERSHIP, LLC /s/ Adam D. Hirtz Adam D. Hirtz, Mo. Bar #48448 Matthew J. Aplington, Mo. Bar #58565

222 South Central Avenue, Suite 901 Clayton, Missouri 63105 Telephone: (314) 863-0092

Facsimile: (314) 746-4848

Attorneys for Saint Louis Zoo

Verified PetitionExhibit 1Exhibit 2Exhibit 3