June 1, 2006
New litigation over sex offender restriction
Six sexual offenders, including convicted child molesters and rapists, sued the city Wednesday to block a new ordinance that bans them from coming within 1,000 feet of parks, pools, playgrounds and other sites when children are present. The six, including a college student who has joint custody of his 7-year-old son and has completed probation for child exploitation, are represented by the American Civil Liberties Union of Indiana, which filed the complaint seeking class-action status in U.S. District Court in Indianapolis.
The six allege the new ordinance is unconstitutionally vague, violates their rights to vote and attend church, and prevents them from freely traveling on streets and highways that may pass within 1,000 feet of the affected sites. They are seeking temporary and permanent injunctions barring the city from enforcing the new law. "It is virtually impossible to travel through the streets and interstate highways in Marion County without passing within 1,000 feet of a playground open to the public, recreation center, bathing beach, swimming pool or wading pool, sports field or facility," the complaint said. "Moreover, there is no way for a person to know if he or she is passing within 1,000 feet."
The ordinance cleared the City-County Council 25-2 on May 15 and took effect immediately. It carries fines of up to $2,500 for violations.... Tenley Drescher, a deputy corporation counsel for the city of Indianapolis, said the city planned to litigate the matter to the end. "We plan to vigorously defend the constitutionality of the ordinance," Drescher said. "The important part is protecting kids."
As details in some of the links below, there has been robust litigation over sex offender residency restrictions, but I am not aware of any major rulings concerning sex offender movement restrictions.
Some related posts:
June 1, 2006 at 08:03 AM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference New litigation over sex offender restriction: