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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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