What’s the difference?

August 4, 2008
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This post comes from IL reporter Michael Hoskins: 

On one hand, the American Civil Liberties Union of Indiana argues against blanket, government-imposed rules restricting where sex offenders can live and places those registered individuals can visit. But when a private homeowners association takes a similar move, the line gets blurry and the civil liberties group says there isn’t much it can do. Why? An HOA is a private entity, not a governmental body treading on a person’s constitutional rights.

The issue is coming up in Greenwood, where an HOA for a 175-home subdivision has taken a step believed the first of its kind in the state: amending its governing documents to ban offenders from living in that community’s homes. Communities in Texas and Kansas City have put similar policies in place. Now, as part of the covenants, the association can evict any sex offender who buys a home there, any current resident who’s convicted of a felony sex crime in the future, or any owner who rents or sells to a sex offender. More than three-fourths of the residents voted in favor of the measure.

The legal director of the ACLU of Indiana points out that while this doesn’t appear to be a constitutional issue since offenders aren’t part of any protected class, this is a “terrible idea and policy.” Residency restrictions are already in place for registered offenders, and taking actions like this could push courts to view this as some sort of de facto punishment if a legal challenge arises, Ken Falk says.

A common theme among all these restrictions and bans on registered sex offenders is that each has a noble purpose at the heart: to protect the safety of children. But courts are wrapped up in many of these controversies, including issues regarding who’s required to register, what restrictions can be put in place, and how these regulations can be enforced. The legal community doesn’t have consensus, all the while more restrictions are being implemented. What’s the difference in this case from the others, and should it matter whether it’s a private or public entity imposing a restriction?
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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