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Justices deny sex offender park ban case

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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."

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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