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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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