Local resident Andrew C. Neal, Jr., appeared before the Owensville Board of Aldermen Monday evening to challenge a city ordinance that is currently keeping him from selling retail merchandise without a storefront.

Neal, a compliant sex offender with a history of suing government officials and entities, previously met with City Administrator Randy Blaske and City Engineer Travis Hernandez in the Maciejewski parking lot on Highway 28 in Owensville. Neal said he has a lease to operate his business, Daddy Drew. According to Blaske’s letter to the Owensville mayor and board of aldermen, the ordinance was explained to Neal at that time.

The ordinance, which Blaske told The Republican was enacted due to issues with vendors who want to come into town with portable locations, reads, “Except as authorized under Section 605.115 of this Chapter, it shall be unlawful for the owner, operator, lessee or attendant of any parking lot to permit motor vehicle repair work, service, vending or selling of goods within said lot. Nothing in this Section shall prevent a business owner from temporarily displaying merchandise or advertising a sale in their own on-site parking lot so long as such activity is directly related to the sales and service already provided by such business.”

Prepared with multiple visual displays of his company’s clothing and jewelry designs, Neal was given five minutes to discuss all five questions he presented on his board meeting participation request forms, including the following in original context:

“Why ‘can’t’ Heartlett Wear by Daddy Drew, Inc. use their lease in the city limits of Owensville and their ‘retail license’ of Owensville on property leased under contract?”

“Where in this city ordinance of Owensville say it supersedes, the Constitution of Missouri? Like Randy Blaske said on Jan. 19, 2024 in a meeting with myself and Travis Hernandez (a paid 3rd party of Owensville). Also in a meeting prior to Jan. 16, 2024, Board of Alderman Meeting which Heartlett Wear by Daddy Drew, Inc. was present.”

“Where in this city ordinance of Owensville say that it supersedes, any law of the state of Missouri? Like Randy Blaske stated in a meeting prior to board of alderman meeting on Jan. 16, 2024, where I was present and Mr. Blaske comment where their trying help my corporation grow. No one has laid the groundwork or filings except Daddy Drew.”

“Chapter 605 — in it’s entirety.”

“Can not use their: land lease, city license No. 896 to sell their: clothing line/apparel, jewelry, accessories, but can at a yard sale, ‘Market in the Park,’ and ‘Owensville Farmers Market’ which diminishes copyrights, jewelry, accessories as having ‘no value.’”

He began by stating his business was incorporated, not an LLC, and not “doing business as.”

“All of my paperwork is intact, and I am in good standing with the state,” Neal said when describing the business. “It is more than just a t-shirt company.”

He explained that all of his designs were created by him and are copyright protected. All the jewelry bears the Heartlett name.

While addressing Neal’s concerns, Hernandez asked him if he had asked Maciejewski to rent a space inside their facility so he could meet the requirements of that section as he was directed to do in the prior city meeting.

According to Neal, he can construct any structure on the property. Neal went on to explain that it wasn’t the lease that granted him that ability, but rather Missouri State Statute 351.1036.5, which reads,“A cooperative may own, lease, construct, and develop buildings or other structures or facilities on the property owned or leased by the cooperative or on a right-of-way legally acquired by the cooperative.”

Regarding the state statute, Hernandez said that law is for a cooperative not a corporation.

“I agree with what you’re saying,” Hernandez said. “Only thing is, you got one keyword wrong — you’re using corporation and it’s for cooperative.”

A back-and-forth discussion ensued between Blaske and Neal on the distinction between the two business classifications.

“There’s a big difference between corporation and cooperative,” Blaske said. To which Neal responded, “You just want to use a word to prevent it.”

“Well, I can’t do nothing for you,” Hernandez stated during the meeting. “The city ordinances say what the city ordinances say. They’ve been interpreted that way ever since I’ve been here. We give you a workaround, and you don’t want to use that workaround, and so you want to come in here and argue in front of these folks.”

“The city ordinance was placed a long time ago and it doesn’t cover LLCs or corporations,” Neal said.

Mayor John Kamler told Neal, “We’ll get you an answer real soon.”

The answer will be given after the city attorney can advise whether the ordinance conflicts with the state statute.

“The board will reconvene in the next meeting as (they) try to find more information,” Blaske told The Republican on Tuesday.

If it is determined the state statute can override the local ordinance, the board will have to decide if they want to change the ordinance.

Blaske said he is aware of Neal’s background and wants “to handle it right and treat him fair as (they) can according to the law.”

The Caseninfonew.ARCourts.gov, an Arkansas courts website, shows Neal was sentenced on Aug. 3, 2021, to one year in jail, and given a suspended imposition of sentence with 108 months (or nine years) of supervision for failure to register as a sex offender. The case was enhanced due to his proximity to a playground under Case ID 68CR-19-135.

The affidavit for warrant of arrest reads, “Further, the RV Park in which Mr. Neal was staying/residing is attached to Loberg Park which is a playground for children. A look through Mr. Neal’s tent yielded two large knives and numerous unused condoms. A few of the unused condoms were outside of their box and lying on his air mattress.”

This case was prolonged in part due to two psychiatric evaluations that deemed Neal lacked the capacity to proceed in the court hearings. His May 5, 2020, evaluation by Dr. Kristi Ketz provided a diagnosis of unspecified Schizophrenia Spectrum Disorder. The April 26, 2021, evaluation by Sami Farhat, Ph.D., noted that Neal had a mental disease called Delusional Disorder.

While awaiting trial for these charges, in Neal v. Arkansas, Neal sued the state of Arkansas, the Arkansas Supreme Court, Sharp County sheriff, Sharp County jail administrator, multiple judges, the prosecuting attorney, the deputy prosecuting attorney, court reporters, court clerk, chief deputy, and jailors, all in their personal and official capacities. The claims fell into two categories: those challenging his detention and those directly related to his time at the Sharp County Detention Center. Neal was incarcerated during COVID-19. All claims were immediately or eventually dismissed. Neal was originally placed on the sex offender registry due to a crime in 1991 in Gerald.