TX- Commerce declines sex offender settlement

8-20-2009 Texas:

COMMERCE — In a split decision, the Commerce City Council voted to reject a settlement agreement regarding a lawsuit stemming from the city’s sex offender ordinance during the council’s regular meeting Tuesday night.

The council recessed into executive session to consider authorizing Mayor Quay Throgmorton to execute a settlement agreement resolving the John Doe 7 vs. the City of Commerce lawsuit.

In a 3-2 vote, the council rejected the settlement agreement. Council members Richard Hill, Tony Henry and Billie Biggerstaff voted to reject the settlement, while Throgmorton and council member Bob Monday supported the settlement.

The council has rejected proposed settlements regarding the lawsuit in April and June. To date, the city has spent approximately $73,000 in legal fees regarding the lawsuit.

The lawsuit was filed in February 2008, with the plaintiff seeking a temporary restraining order and a permanent injunction against the ordinance and asking the court to declare the ordinance unconstitutional and otherwise contrary to applicable federal and state law.

The city’s sex offender ordinance has been in place since October 2007, and the lawsuit was filed several months after its passage. There are 10 sex offenders listed on the city’s web site, www.commerce-tx.com.

The ordinance prohibits all sex offenders from living within 1,000 feet of a school, college, daycare facility, park or playground. The ordinance also restricts sex offenders from loitering in public within 300 feet of all of the above locations.

The case is scheduled for trial in August 2010. ..Source.. by CHAD BLACKSHEAR, Herald-Banner Staff