ILNews

Courts weigh in on sex-offender restrictions

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT