IN- Judge upholds park ban ordinance

11-11-2008 Indiana:

JEFFERSONVILLE, Ind. (AP) - A judge has ruled that an ordinance preventing a convicted sex offender from watching his son play baseball in a Jeffersonville park does not violate the Constitution.

The American Civil Liberties Union of Indiana had argued that the ordinance violated Eric Dowdell's right to use public parks. But Clark Superior Court 1 Judge Vicki Carmichael ruled that use of parks is not a fundamental right.

Thee 36-year-old Dowdell had filed a lawsuit seeking to overturn the ordinance. He twice has been denied exemptions that would have allowed him to watch his son play baseball in a city park.

Court records show Dowdell was put on the state sex-offender registry after admitting that he engaged in sexual activity with a 13-year-old girl when he was 21. ..News Source.. by AP




Sex offender ban stands in Jeffersonville

11-11-2008 Indiana:

The ordinance in question was passed by the Jeffersonville City Council in January 2007. Authored by Jeffersonville Councilman Keith Fetz, the ordinance prohibits convicted sex offenders from entering Jeffersonville’s municipally-owned parks. Offenders have the right to petition the court for admission, but so far only one person has done so and that request was denied.


A judge has ruled that a Jeffersonville ordinance banning convicted sex offenders from city parks is not unconstitutional.

The American Civil Liberties Union of Indiana had challenged the constitutionality of the ordinance on behalf of Eric Dowdell, a convicted sex offender who wanted to watch his son play baseball in Jeffersonville.

Ken Falk, legal director of the ACLU of Indiana, argued at an Aug. 25 hearing that the ban violated his right to use the park. Falk said it is not rational to ban someone from going to a park when he or she has not committed an offense there. The city’s attorney, Larry Wilder, argued that using the city’s parks is not a “fundamental right.”

Wilder said in an interview after the ruling that Clark County Superior Court No. 1 Judge Vicki Carmichael realized that convicted sex offenders have effective means to apply for an exemption to the ban and that the ban is not unfair because it does not apply in all public places.

“Individuals are not banned from every place in Jeffersonville, and they’re not banned from every park in Clark County or the state,” Wilder said.

Wilder said the ordinance, which was passed by the city council in January 2007, was created to withstand constitutional challenges.

“The effect (of the ordinance) has been very positive, but it was put together with the idea that people have rights,” Wilder said.

In July 1996, Dowdell was convicted of class D felony sexual battery against a 13-year-old girl and was sentenced to three years in prison. He has to register as a sex offender for 10 years. Dowdell was denied an exemption which would have allowed him to attend his 11-year-old son’s baseball games because he has multiple unrelated convictions.

In August of this year, Clark Circuit Court Judge Abe Navarro agreed that Dowdell did not meet the requirements for an exemption because of his criminal history. In 2001, he pled guilty to domestic battery, and in 2002, he pled guilty to battery. He also has new charges from this year.

On its Web site, the ACLU says it will not appeal the decision to deny Dowdell’s request for exemption. It does not say whether they will appeal the newest decision to uphold the ban.

Falk did not immediately return calls for comment. Wilder said he expects the ACLU to appeal the decision. ..News Source.. by MATT THACKER