IN- Jeffersonville sex offender ban headed to Court of Appeals

1-23-2009 Indiana:

The Indiana Civil Liberties Union, or ICLU, will continue to fight the Jeffersonville ordinance that bans convicted sex offenders from city parks.

A brief on appeal was filed with the Indiana Court of Appeals last week, according to ICLU Legal Director Ken Falk.

“We’re arguing that the ordinance is unconstitutional on its face and as applied in those situations,” Falk said.

The challenge was brought forth after Clark County courts ruled that Eric Dowdell, 34, could not watch his son play baseball at a Jeffersonville park because he is a convicted sex offender and had several other pending charges.

In November, Superior Court No. 1 Judge Vicki Carmichael ruled that the ban does not violate U.S. Constitution.

“It doesn’t surprise me that they’re appealing,” said Larry Wilder, attorney for the Jeffersonville City Council, which approved the ordinance. “Mr. Falk is a great lawyer, and he’s a great believer in his causes.”

The city has 30 days to respond from the time they received a copy of the brief. Wilder said his office received a copy Tuesday.

He anticipates that the ICLU will request oral arguments be made before the court. No dates have been set.

Wilder has said the ordinance was written to withstand constitutional scrutiny.

“It seems our position will continue to be that the Indiana code and Indiana statute provides for the city and now the park authority to administer and make rules for the operation of the parks,” he said.



TIMELINE

• January 2007 — Jeffersonville City Council passes ordinance prohibiting convicted sex offenders from entering Jeffersonville’s municipally-owned parks.

• April — Jeffersonville City Court Judge Ken Pierce denied a request by Eric Dowdell, 34, for an exemption to sex-offender ordinance.

• August — Clark County Circuit Court Judge denies Dowdell’s appeal requesting exemption from ordinance. Indiana Civil Liberties Union, or ICLU, challenges constitutionality of ordinance.

• November — Superior Court No. 1 Judge Vicki Carmichael rules that ban does not violate U.S. Constitution.

• January — ICLU files brief requesting Indiana Court of Appeals overturn Carmichael’s decision. ..News Source.. by MATT THACKER