The Dobbs Wire: WIN in Wisconsin – federal judge strikes down banishment law
Win in Wisconsin: A federal judge struck down a Pleasant Prairie ordinance restricting where individuals forced to sign the sex offense registry can live, ruling the ordinance unconstitutional. Laws like this are euphemistically known as ‘residency restrictions,’ but their purpose is banishment. Officials in Pleasant Prairie, short on humanity, had made just about the entire town off-limits, loosening the law only as a lawsuit loomed. The court’s opinion has plenty to say about ‘banishment’ and there’s even a fascinating chart which explains, chillingly, that under the law some, “Must leave the Village by Oct. 18, 2016, and may never return”, while others are simply “Permanently banned from the Village.” Located between Chicago and Milwaukee, Pleasant Prairie’s official website declares the town a “progressive municipality” with an array of “opportunities,” striving to “provide the best quality of life for our citizens.” No mention that anyone with a scarlet letter best hit the road. Congratulations to the nine plaintiffs who stood together fighting for their rights, and their Chicago legal eagles, Mark Weinberg and Adele Nicholas. There’s more, a jury trial for damages is coming up in several weeks so stay tuned. A Kenosha News report is linked below along with a smart on-point essay by Jesse Singal.
You can read the order below:
judge Stadtmueller’s SJ decison Pleasant Prairie
Kenosha News (Kenosha, WI) | Apr. 18, 2017
Judge finds sex offender ordinance unconstitutional
Village has loosened restrictions in response to suit
By Kevin Murphy
Excerpts: A federal judge Monday found unconstitutional Pleasant Prairie’s initial ordinance that largely banned registered child sex offenders from residing in the village. In granting summary judgment to the nine plaintiffs, U.S. District Judge J.P. Stadtmueller found the village imposed restrictions on where the offenders could live without considering any studies or data regarding the safety risk that posed to other residents.
The result of the ordinance made 90 percent of the village off-limits to offenders, with the remaining 10 percent largely non-residential. Most of the low-income housing, which was all the plaintiffs could afford, was excluded.
Village Administrator Michael Pollocoff testified in a deposition that the ordinance’s goal was to reduce the number of child sex offenders living in the village. The ordinance may be counterproductive to citizen safety, as Pollocoff admitted that turning child sex offenders into outcasts had “more deleterious (or harmful) impacts.”
Mark Weinberg, a Chicago attorney who filed the suit, called the decision uncommon and important. “There are a lot of other communities in Kenosha County with similar ordinances. I hope this decision will encourage them to re-evaluate theirs,” he said. MORE:
http://www.kenoshanews.com/news/judge_finds_sex_offender_ordinance_unconstituitional_492700483.php
New York Magazine | Aug. 25, 2014
There’s Literally No Evidence That Restricting Where Sex Offenders Can Live Accomplishes Anything
By Jesse Singal
The unfortunate thing about this situation is that laws designed to restrict where sex offenders can live are really and truly useless, except as a means of politicians scoring easy political points by ratcheting up hysteria. There are many tricky social-scientific issues on which there are a range of opinions and some degree of debate among experts, but this isn’t one of them. Among those whose job it is to figure out how to reduce the rate at which sex offenders commit crimes (as opposed to those whose job it is to get reelected, in part by hammering away at phantom threats), there is zero controversy: These laws don’t work, and may actually increase sexual offenders’ recidivism rates. MORE:
http://nymag.com/scienceofus/2014/08/sex-offender-housing-restrictions-are-pointless.html
It’s good to see that some judges are starting to see the senselessness that some of the ‘do-gooder’ politicians are trying to get away with to justify their existence. A sex offender that has taken responsibility for his/her deplorable acts and corrected the situation/attitude that ‘fed’ them to begin with can find new, rewarding life in rebuilding themselves in a stable community. They can learn to appreciate being respectable citizens of the community and rebuilding relationships with those they may have hurt. I know…I am one of ‘them’. I live in a wonderful community and have good relationships with my neighbors and friends…and my daughter, the victim. The registry offers nothing more than a false sense of security.
This seems to be what registered citizens of Brevard County are going through. Banishment, pure and simple. Not only do they have residency restrictions, but they literally can’t go anywhere. There is only one place a registered citizen can shop and that is Wal-Mart in Titusville, so if you live in Melbourne, prepare to drive an hour with traffic. Registered citizens in Brevard are “banished citizens” of the United States. These local ordinances have got to go!
Businesses that I have frequented for years in the Titusville area I can no longer go to and that now includes businesses in the Port St. John community where I have had a home for over 13 years. Because of a neighborhood playground that I helped to build in 2006 and still support through annual HOA fees, I cannot visit my neighbors as we all live within 1000 feet of the playground and their homes are not ‘grandfathered’. I can no longer help my neighbors as I once used to. The HOA board says that I am part owner of the playground and thus my own property is being used to restrict me. This is craziness…and my neighbors think so also.
Something has to be done about this local ordinance. Registered citizens are prisoners in their own homes long after the fact.
I am a prisoner in my own home. I live within 1500 feet of a school, and the county started labeling normal roads as “trails”. Because of that, the sheriff’s office says I cannot go out into my neighborhood to walk, jog, or ride my bike. Unless I am leaving my home in my car, I cannot leave my property. This is the America I fought for?
How can these ‘gestapo’ agents live with themselves? Who are they to call a road anything but a road? We will one day…and soon I hope…have to say enough is enough. This action cannot possibly be constitutional but then since we just finished 8 years of an administration that blatantly ignored the Constitution what more can we expect. I’m certain that the murderers, armed car jackers, drug dealers, ‘gang bangers’, home invaders, etc are appreciative that the SO’s have taken the pressure off of them. Such a focus will help to keep the sheriff deputies safe.
Awesome!
I especially like the part where they can sue for damages 🙂
This is what I noticed as well. This hopefully means that there is a chance to sue the government for damages sustained on behalf of citizens being on the Registry and suffering the punishments.
Unfortunately it is impossible to put a price tag on lost life. That life can never be made up.
I agree with you Captain. The reason I liked that part so much is that it sets a wonderful precedent. If SOs can now sue for damages for disenfranchisement due to (I’ll call them) registration laws, the legislators will take notice. What hurts a politician worse than an unpopular moral agenda? When they reach into a voters pocketbook.
Take for example the recent bathroom debate in North Carolina. Regardless of your stance on who ought to walk into which bathroom, the legislative debate ended when economics butted in.
It’s not so much that these guys are able to sue to *get* money, the really good part is that they are able to sue to *take* money from the people who are passing these laws. The more money they have taken from them, the less likely they are to pass the laws in the first place.
Yes, I’m a horrible cynic.
Ocoee, fla is the same way. Ive owned my home for almost 20 yrs. I cannot live there because state county law says its to close to a park but the city made its own ordinance saying I cannot live at all within the city limits even its 10 miles from a school or playground. I can see blocking new residences from moving into certain places but tell a man that owned his home for twenty years he cant come home after serving his time is wrong. I think they should be sued for all taxes I pay for school and roads that I cant use and figure it up by miles within the city. If they had to to pay enough back taxes maybe the burden would cause them to make changes.
No Taxation without Representation !!!. Taxes give us the “Right” to do certain things, Use certain things, Own certain things !!! If a Government (on any level) says we “Can’t” go, use, live, own something/somewhere, Then legally we shouldn’t be required to pay TAXES on said restrictions !!!!! . This is out of control !!!. It’s time to Unite and Stand against this Tyranny !!. The Registry is PUNISHMENT !! There’s no other way to look at it !! And punishment AFTER release of Supervision is ELLEGAL!!!!!!!! . Thanks to a few Judges with Brains, It’s starting to get out that the Registry IS Punishment !! , What had happened to this Country ?? It used to be GREAT, People used to flock here because of how great it was, Now people by the THOUSANDS are leaving each year !!!!!. If Wrong is Wrong when dealing with a EX Sex Offender, Wrong is Wrong when dealing with UNCONSTITUTIONAL laws !!!!.
I am required to pay taxes to support places where I cannot go. How can anything short of a demented mind support this travesty?
Also, If the “Government” (on any level), Implements all these UNCONSTITUTIONAL LAWS that makes it IMPOSSIBLE for a EX Sex Offender to, A- Get a Job, B- Find a Stable, DESCENT place to live, C- Substain a Descent Quality of Life, Then the “Government” should be REQUIRED to support said EX Offenders !!! Every other EX Criminal is ALLOWED to reintegrate back into Society and seek The Pursuit of HAPPINESS !!!. The CONSTITUTION was written to protect EVERY U.S. CITIZEN !!, It doesn’t say that our GOVERNMENT can “PICK AND CHOOSE” who the Rules apply too !!!. Regardless of what “Laws” are Enacted later down the road !!. Registries DON’T WORK !! Just saying this ( Don’t even accuse me of Wanting to do this !! Just making a point !). IF I really wanted to “ReOffend” and go do something to a child, How would knowing where I live stop me??. Common Sense tells anyone that it DOESN’T !!. POLITICIANS have pushed this WARPED WAY OF THINKING onto the Public ! Just so they can receive THOUSANDS AND THOUSANDS of Dollars into their Budget !! . When I asked my local Sheriff’s Office if they’d ever stop the “Registery”, the Head over the Sex Offender Unit, Said “HECK NO” !! We’d loose way too much money !! And on top of that, Now the Sheriff’s across the Nation is starting to “CHARGE AN OFFENDER” to. Register !! Charge them to do something against the law ?? !! ??. Isn’t that EXTORTION on some level ??. Sorry for the long post, Just had to vent to someone who would listen !!. Stand Strong Everyone !! Hopefully one day soon it will all end !! Hopefully one day soon Society will realize a EX Sex Offender isn’t who everyone needs to worry about and watch, Most have suffered enough and have paid their debt. And would NEVER ReOffend !!.
I agree with you 100%, very well said.