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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Katz lifts restraining order against pastor locked out of ESL church since Palm Sunday

State Court

BELLEVILLE – Associate Judge Julie Katz restored pastor Curtis Levingston to his place in the pulpit of Mt. Zion Missionary Baptist church of East St. Louis on April 14. 

After hearing his testimony, she lifted a restraining order that prevented him from leading worship on Palm Sunday, Easter Sunday, and April 11.

She dismissed a complaint that his opponents filed in the church’s name, finding they lacked a legal basis for a termination letter they delivered to him.

She ordered them to give Levingston the keys, but she told Levingston she couldn’t reverse their action moving Mt. Zion’s accounts to a different bank.

Andrea Tolden-Hughes, Nathaniel Anderson, Leo Green and Brenda Mitchell petitioned for a no contact order against Levingston before they sued him.

Anderson is a retired superintendent of East St. Louis schools.

They filed the petition on March 24, claiming members met and voted Levingston out on March 13.

Associate Judge Tameeka Purchase denied the petition the day they filed it.

Mitchell sued for a restraining order in chancery court on March 25, on behalf of Mt. Zion, trustees, and members.

She attached a statement that Levingston said he would carry a gun to church on March 28, and do bodily harm to trustees or members who got in his way.

Katz issued a temporary order without notice on March 26, finding the immediate threat of bodily harm outweighed technical deficiencies in the request for relief.

She ordered Levingston to stay away from Mt. Zion and not to talk to members.

On March 31, attorney Van-Lear Eckert of Belleville entered an appearance for plaintiffs and amended the complaint.

He claimed Levingston threatened members but didn’t allege a specific threat.

Attorney Shira Truitt of Sycamore Hills, Mo. appeared for Levingston, who stated under oath that he didn’t threaten anyone and he doesn’t own a gun.

Truitt moved to dismiss the complaint, claiming plaintiffs violated bylaws and didn’t tell Levingston who voted against him.  

At a hearing on April 7, Katz proposed to restore Levingston to his position so plaintiffs could pursue termination in a proper way.

“The whole thing, there’s problems with all of it,” she said.

She said she wouldn’t enforce negotiations, and she split up the parties and their counsel for separate conversations.

Proceedings resumed later that day, without resolution, and Katz started trial.

Eckert called to the stand Joan Richmond, keeper of membership records, and asked if she was presented information about a meeting.

“They didn’t give me one because they knew I wasn’t going to sign it,” she said. 

He asked how she defined good standing and her answer included giving money.

He asked how members would know that and she said, “Oh they know.”

Katz adjourned the trial, set it to resume in a week, and extended her order.

On April 14, Truitt called Levingston to the stand.

She asked if he had any chance to verify signatures against him and he said no.

She asked if the bylaws allowed secret votes and he said no.

She asked if he threatened to carry a gun and he said never.

She asked if he had a conceal carry permit, and he said no.

She asked if he was aware of consequences of carrying a gun without a permit, and he said yes.

She asked how he got the restraining order, and he said he was driving to church when two unmarked cars pulled him over.

She asked if they gave him a ticket and he said no.

She asked if they searched for a gun or asked him about a gun, and he said no.

On cross examination Eckert asked Levingston if he had a contract and he said he had a covenant.

Eckert asked if he signed one every year and he said no.

Eckert asked if he ever signed one and he said he signed one, “but they didn’t sign it so it wasn’t legal.”

Eckert protested to Katz that Levingston engaged in legal mumbo jumbo.

Truitt said, “He’s a pastor. He knows mumbo jumbo. Quit badgering my witness.”

Eckert finished and Truitt asked Levingston to read the termination process.

When he finished she said, “None of it happened, correct?”

He said that was correct.

When his testimony ended, Katz granted his motion to dismiss.

“There’s no sign the church knew it would vote for terminating its pastor. I just don’t see it,” she said.

She said what happened on March 13 wasn’t done in accordance with the bylaws.

She said everything would return to status quo, and Truitt said plaintiffs closed the bank accounts and opened new ones.

Eckert said, “You’ve got somebody that’s going to run roughshod over the church.”

Katz said, “From day one I told you, you need to resolve this. Now things are horrible and I know there’s going to be fallout.”

Truitt said she allowed plaintiffs to switch banks, and Katz said she would return the keys and do no more.

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