IN- Jeffersonville offender ordinance could be headed to Indiana Supreme Court

6-25-2009 Indiana:

Councilman Keith Fetz says minor changes in ordinance possible

The Jeffersonville City Council will ask the Indiana Supreme Court to reverse a Court of Appeals decision allowing convicted sex offender Eric Dowdell in city parks.

The council hopes the court will rule on its case simultaneously with a Plainfield case, according to Councilman Keith Fetz.

Plainfield has an ordinance banning sex offenders from its parks, but it has no appeals process and it only applies to people currently required to register as a sex offender.

The American Civil Liberties Union is challenging the constitutionality of that ordinance before the state’s highest court.

Dowdell applied for an exemption to a lifetime ban in Jeffersonville parks to watch his son play sports, but City Court Judge Ken Pierce and former Clark County Circuit Court Judge Abe Navarro denied the request based on Dowdell’s criminal history.

The American Civil Liberties Union challenged the constitutionality of the ordinance, and Superior Court No. 1 Judge Vicki Carmichael ruled in favor of the city.

The Court of Appeals reversed that decision, because Dowdell had already been convicted and served his sentence before the ordinance was passed in 2007. He was no longer required to register on the Indiana Sheriffs’ Sex and Violent Offender Registry.

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 was required to register on the sex offender list for 10 years.

The council also is looking at adapting its ordinance based on comments made in the Court of Appeals ruling, criticizing the appeals process as “burdensome.”

“We anticipate making a couple of changes — very minor changes,” Fetz said.

He said the council is considering eliminating the appeals process and lifting the ban on those who are no longer required to register as a sex offender. The litigation was discussed in executive session after the last council meeting.

Ken Falk, legal director of the American Civil Liberties Union of Indiana, said he had not been notified of anything being filed with the Supreme Court in the Dowdell case. ..Source.. by MATT THACKER