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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. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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