10-8-2009 Indiana:
(WHAS11) - After running into a hurdle over constitutionality, the Jeffersonville City Council is trying again to keep sex offenders out of city parks.
Wednesday night, the council will vote on a new and updated version of the ordinance when it comes to registered sex offenders.
This stems from a case in 2008 when a convicted, but not registered, sex offender challenged the constitutionality of the ordinance which banned all sex offenders. He won.
So, this new ordinance will only ban registered sex offenders from entering parks.
Across the river in Jeffersonville, some of the most relaxing and enjoyable places are the city's parks. But not everyone will be able to take in the scenery. The City Council plans to pass a new ordinance replacing an old, unconstitutional one.
"Individuals who are convicted, who are presently on the sex offender registry, who are involved in the system such that they must provide a picture, place of biz, residence, those individuals cannot enter any of the parks in the city of Jeffersonville,” said City Council Attorney Larry Wilder.
The City will notify registered sex offenders of the ban. The penalty for violating it is a maximum $2,500 fine and a misdemeanor criminal trespass charge.
Councilperson Keith Fetz, who sponsored the ordinance, says a large part of enforcing the ban will rely on community policing.
"If someone who lives in their area is a sex offender or violent offender, they would be able to obtain a picture of that person via the sheriff's website and maybe they would recognize that person in that area. And the police dept. 100% on board with patrolling,” said Fetz.
Several parks are located in Councilperson Mike Smith's district. And he says the ban is NOT in response to a specific crime or a problem.
"This is more of a preventive maintenance. Is it going to happen, has it happened and should it happen, and our job is to prevent it. So this is a preventive maintenance deal,” said Jeffersonville City Councilmember Mike Smith.
"This has not been an issue in Jeffersonville yet. But we don't want one individual, one child, one person suffer from being a victim in one of the city's parks without the opportunity to protect those families and individuals,” said Wilder.
And from what these council members have heard, people like the idea.
"I've had nothing but full support from constituents,” said Smith.
In the event that a park is host to a vote for an election, sex offenders are allowed to enter the park. This just prohibits them from being there during recreational periods. ..Source.. by WHAS11 Coverage
October 8, 2009
IN- Jeffersonville Council to vote on new ordinance to keep sex offenders out of parks after old ordinance ruled unconstitutional
August 22, 2009
IN- Indiana court lets sex offender park ban stand
So, this means the lower appellate court decision stands: CLICK to read
8-22-2009 Indiana:
Indianapolis - The Indiana Supreme Court has declined to overturn an ordinance banning registered sex offenders from parks in the Indianapolis suburb of Plainfield.
The court declined to hear the case by a 4-1 vote, letting stand without comment a state Court of Appeals ruling upholding the 2002 ordinance.
The American Civil Liberties Union of Indiana had sought a ruling to clarify the court's stand on such local ordinances. The court has generally declined to strike down laws restricting the activities of sex offenders but has found constitutional problems with enforcement in certain cases.
Plainfield town attorney Mel Daniel said officials were pleased with the decision released on Thursday.
ACLU attorney Ken Falk said the group might now drop a lawsuit over a similar ordinance in Greenwood. ..Source.. by WTHR.com
June 25, 2009
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
June 22, 2009
IN- HARBESON: Sex offender law something to think about
6-22-2009 Indiana:
Columnist says council, attorney piling mistake upon mistake
Last week, the Indiana Court of Appeals ruled 2-1 against the city of Jeffersonville in a lawsuit concerning the ordinance banning sex offenders in government parks.
According to the appeals court, the city improperly used the law to prohibit Eric Dowdell from watching his little boy play baseball, even though he was no longer required to even register as a sex offender.
In 2006, I explained why this law wasn’t a good idea in the first place. In 2008, I explained that what government officials were doing to Dowdell was wrong.
I figured that would be it for me, but I’ve discovered a columnist’s work is never done. This time around, though, I’m going to let government officials do the work. Yes, I’m getting smarter.
Let’s start with the lawyer. Back in 2006, attorney Larry Wilder, who wrote the ordinance, admitted there may be lawsuits challenging the ordinance, but he thought the city would win.
Think about that. He knew this law as written was open to challenge from the beginning, but it didn’t matter. Why? Could it be because it’s only taxpayer money? Isn’t a lawsuit a good thing as far as the attorney is concerned?
After losing the appeal, Wilder said recent rulings were to blame and added, “The law is fluid … it changes all the time.”
Think about that. Who benefits from constitutionally questionable, constantly-changing and confusing laws?
Let’s move on to the politicians. City Councilman Keith Fetz, who sponsored the ordinance, said the court threw out the safety of children and law-abiders for the sake of a sex offender. And Council President Connie Sellers said, “I have four kids — why wouldn’t I support it?”
Think about that. If either of these two — and all the other council members — had spent just five minutes educating themselves, they would know that this law disregards all current knowledge about sexual offenses against kids and is completely useless.
Of course, politicians aren’t interested in such things; they are interested in passing laws to create the illusion of protection so you continue to think they are doing something useful. How else are they going to justify taking your money?
Sellers also said she didn’t want to be accused of supporting sex offenders if she didn’t support the ordinance.
Think about that. She’s letting her fear of being accused of something that could hurt her political career guide her judgment more than standing up for whether a law is constitutional, effective or even necessary.
They have no intention of stopping this nonsense. Fetz wants to appeal and says, “I will not rest until I accomplish what I intended to accomplish — give park goers an extra layer of protection.”
Think about that. Why would he be so desperate to continue spending your money on something that was not a problem to begin with? Who is he really trying to protect at this point?
Upon hearing that the court also criticized the amount of documentation required to obtain an exemption, Fetz said he “doesn’t know how we can make it any easier.”
Think about that. How much power should politicians have if they can’t even figure a way out of a bureaucratic paperwork mess they created?
I don’t care about these three people in particular; they only provide the latest evidence from those employed by government who want you to believe that laws they create are always good ideas.
Politicians have been doing this repeatedly for many years. As a matter of fact, maybe we should create a registry and demand all government officials sign up so we can start tracking the recidivism rate of screwing over the citizens. ..Source.. by DEBBIE HARBESON, Local Columnist<
June 9, 2009
IN- Court of Appeals rules Dowdell allowed in Jeffersonville parks
6-9-2009 Indiana:
The Indiana Court of Appeals has reversed a decision by Clark County Superior Court No. 1 banning convicted sex offender Eric Dowdell from going in Jeffersonville parks.
An ordinance, which was passed by the Jeffersonville City Council in January of 2007, prohibits sex offenders from ever entering Jeffersonville’s municipally-owned parks. The ordinance allows for sex offenders to request an exemption.
The majority opinion of the Court of Appeals described the exemption process as “extraordinarily burdensome and virtually illusory.”
Eric Dowdell was convicted of sexual battery of a 13-year-old girl in 1996. His duty to register as a sex offender ended in 2006.
Jeffersonville City Court Judge Ken Pierce and former Clark County Circuit Court Judge Abe Navarro both denied Dowdell’s request for an exemption, citing Dowdell’s lengthy criminal history. Judge Vicki Carmichael ruled in November that the ordinance was not unconstitutional.
The Court of Appeals ruled that the ordinance, as applied to Dowdell, violates the Constitution’s prohibition on ex post facto laws because the ordinance was not enacted until after Dowdell was convicted, served his sentence and completed his registration requirement. ..Source.. by MATT THACKER
September 25, 2008
IN- Appeals court upholds sex offender ban
Interesting here is the finding of "punitive effect" which should cause a review of the ex post facto clause, but it is absent. Clearly this means, punitive is OK, but if it is too punitive maybe its not OK?
9-25-2008 Indiana:
Plainfield has won the latest round in the long-running lawsuit filed by a convicted sex offender who was banned from the town’s parks.
The Indiana Court of Appeals today released a 20-page ruling that upholds the town’s 2002 ordinance prohibiting persons on the state registry of sex offenders from going into Plainfield parks and recreation facilities.
While the ban on sex offenders in the parks does have a punitive aspect, the court said it is not unconstitutional, as the plaintiff, identified only as John Doe, tried to claim in his suit.
The appeals court said Plainfield did not violate the portion of the Indiana Constitution that guarantees rights of life, liberty and the pursuit of happiness to everyone.
Plainfield Town Manager Rich Carlucci said today that the purpose of the ban on registered sex offenders in the parks is to keep them away from children playing in the park.
The appeals court decision upholds a ruling in March this year by Hendricks Superior Court Judge Robert W. Freese, who had granted summary judgment for Plainfield and upheld the town’s ordinance.
Doe, a Marion County resident, was represented by the American Civil Liberties Union of Indiana in filing the suit challenging Plainfield’s ban on sex offenders in the parks.
According to the Court of Appeals, Doe was a convicted sex offender. He also has acquired joint legal custody of his minor son, according to the court.
Doe and his son visited Plainfield parks and recreation areas in 2004 and 2005, according to the court.
In June 2005, a Plainfield policeman recognized Doe in the Recreation Center and Splash Island. He told Doe of the town ordinance banning anyone on the state’s online registry of convicted sex offenders from being in the parks.
Doe sued Plainfield in November 2005, which began nearly three years of twists and turns in the legal case.
In one key step, Doe won a controversial court ruling to keep his identity secret in the legal proceeding even though he is listed publicly on the state registry of sex offenders. ..News Source.. by Bruce C. Smith
