ILNews

Courts weigh in on sex-offender restrictions

Michael W. Hoskins
January 1, 2008
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A city's law prohibiting registered sex offenders from visiting parks or recreation areas is likely on its way to the Indiana Court of Appeals in what a civil liberties attorney said could be the first appellate case of its kind in the country.

A ruling from Hendricks Superior Judge Robert Freeze March 14 upholds a Plainfield ban of sex offenders in parks and recreational areas, finding the six-year-old local ordinance constitutional and not in violation of any guideposts established by the state or federal Supreme Courts.

Judge Freeze's five-page ruling means the Marion County man identified in court records as John Doe cannot visit the areas with his son, of whom he shares custody. He was convicted in 2001 of child exploitation and possession of child pornography, served time in jail, and was placed on probation until August 2004.

Doe was visiting the Splash Island water park with his young son in June 2005 when police warned him not to return because he was on the sex-offender registry.

The American Civil Liberties Union of Indiana filed the suit in November 2005, seeking a permanent injunction that would keep Plainfield from enforcing the ordinance it had adopted in 2002. The ordinance provided for a fine of $100 for anyone who violates the prohibition the first time and a $200 fine for each violation thereafter.

Doe won an Indiana Court of Appeals victory last year after appellate judges decided he could proceed with the suit anonymously because his safety could be jeopardized by releasing his full name. But he lost in the latest ruling when Judge Freeze wrote that the local ordinances are presumed constitutional unless specifically shown otherwise.

"The Ordinance is an administrative regulation designed to protect the users of Plainfield's parks and to protect the integrity of the parks themselves; it is not criminal or punitive in nature," the judge wrote, adding that some sexual predators target children they have access to, and some have a high incidence of re-offending.

"We're appealing," said Ken Falk, legal director of ACLU of Indiana. "This is a first in Indiana, and I don't know of any case in the country that deals with a ban (focused) solely on a person's placement on the sex-offender registry."

Indiana is well versed in legal challenges to local ordinances banning convicted sex offenders from entering certain areas; numerous suits have been filed across the state, including suits in Jefferson and Greenwood that remain pending. The 7th Circuit Court of Appeals has also upheld ordinances in Lafayette and Michigan City, and other trial judges have recently upheld laws restricting how close offenders can live to schools, day cares, and youth centers.

The Indiana Court of Appeals plans to consider a residency restriction during arguments set for March 31 in the Blackford County case Indiana v. Anthony W. Pollard, No. 05A02-0707-CR-640. The court is being asked to decide whether the trial court erred in finding that the 2006 statute limiting offenders from living within 1,000 feet of a school property is ex post facto law as it applied to Pollard's 20-year residency. The argument will be at 2:30 p.m. at Indiana University School of Law - Indianapolis.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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