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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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