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. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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