« Law - "Authentic Legal Information in the Digital Age" | Main | Ind. Decisions - "Court: OK to use seized evidence in murder trial" »

Thursday, September 25, 2008

Ind. Decisions - "Ruling in Plainfield's case considered key for Indiana communities with similar rules"

The COA decision yesterday in the case of John Doe v. Town of Plainfield, Indiana (see ILB summary here) is a front-page story today in the Indianapolis Star. Bruce C. Smith reports in a story that begins:

Plainfield won a key court decision Wednesday in the fight over banning sex offenders from parks, a case closely watched by other Indiana cities and towns with similar bans.

Although courts struck down an Indianapolis ban two years ago, Plainfield's ordinance is the latest in a series of narrower measures to survive court challenges. Lafayette and Michigan City enacted bans against individual sex offenders that have withstood court review.

Greenwood enacted a ban similar to Plainfield's two years ago, and a suit over the constitutionality of that ordinance has been on hold pending the outcome of the Plainfield case. Another suit is pending concerning a ban in Jeffersonville.

The Indianapolis ordinance prohibited convicted sex offenders within 1,000 feet of a park or school. A federal judge found the ordinance overly broad, noting there were few places in the city that were not within 1,000 feet of a park, a school, a playground or other children's gathering spot.

Indianapolis officials chose not to appeal the ruling, and the City-County Council has not discussed trying to draw up a new version that might survive in the courts.

On Wednesday, the appeals court, in a unanimous ruling, said that while Plainfield's ban does have a punitive aspect, the ordinance did not violate guarantees to the rights of life, liberty and the pursuit of happiness under the Indiana Constitution. The ruling upholds a March decision by Hendricks Superior Court Judge Robert Freese in favor of Plainfield.

Here is a list of earlier ILB entries on the Plainfield case. And from Oct. 6, 2006, here is an ILB entry on the Indianapolis ban, headed "Federal Court Rules Sex Offender Ordinance Unconstitutional."

ILB entries re other cities mentioned: Greenwood, 8/6/08; Jeffersonville - a long list; Michigan City - 9/5/06 7th Circuit; Lafayette - 2/24/05 7th Circuit.

Posted by Marcia Oddi on September 25, 2008 07:50 AM
Posted to Ind. App.Ct. Decisions