ILNews

Justices deny sex offender park ban case

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.

The American Civil Liberties Union of Indiana had asked the state's justices to grant transfer in John Doe v. Town of Plainfield, No. 32A01-0803-CV-133, after the Court of Appeals ruled in September 2008. The appellate panel affirmed a Hendricks Superior judge's decision and upheld the town's ordinance restricting offenders from visiting parks, finding that the Indiana Constitution doesn't ensure a person's right to enter a public park.

Justice Theodore Boehm was the only justice who wanted to accept transfer, according to the appellate court's online docket listing for Thursday.

The ACLU of Indiana's legal director, Ken Falk, filed a transfer petition to the state's highest court in mid-October, and the case was subsequently funneled to the court for consideration after briefing. The docket entry shows the justices received the request Nov. 19.

The Court of Appeals ruling was the first state appellate decision addressing the issue in Indiana, Falk said, and it's expected to impact other pending cases involving similar ordinances throughout the state.

In the transfer petition, Falk argued the ordinance represents ex post facto punishment, burdens constitutionally protected privacy rights, and is not rationally related to the legitimate government purpose of protecting people in those parks.

"This case now stands for the proposition that the mere potential of recidivism, without more, is sufficient to ban former offenders from public places," the petition states. "Ultimately, therefore, the question presented is whether the Indiana Constitution can tolerate these types of restrictions."

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT