Wisconsin: Judge finds sex offender ordinance unconstitutional
MILWAUKEE — A federal judge Monday found unconstitutional Pleasant Prairie’s initial ordinance that largely banned registered child sex offenders from residing in the village.
The village amended its ordinance three months after the offenders filed suit in June 2016, but U.S. District Judge J.P. Stadtmueller ruled that did not make moot the issues the offenders raised with the first ordinance.
In granting summary judgment to the nine plaintiffs, 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 village has admitted that the ordinance was based on its own conjecture about the dangers posed by sex offenders,” Stadtmueller wrote in the 19-page order.
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.”
The ordinance the Village Board passed in April 2016 prohibited child sex offenders from residing within:
— 3,000 feet of any school, day care center, park, playground, church or athletic field or place where minors congregate.
— The village unless they lived there at the time of their most recent offense.
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.
Stadtmueller rejected the village’s claim that the new ordinance made a suit challenging the old one moot, stating the plaintiffs’ claims that they suffered stress as a result of the threat posed by the initial ordinance, the fear of homelessness and the difficulties in attempting to find a new residence.
The plaintiffs can pursue damages on those claims at trial, which Stadtmueller set for May 15.
Important decision
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.
Weinberg has a similar suit against the city of Kenosha ordinance pending in federal court, which he said “is more restrictive” than Pleasant Prairie’s initial ordinance. That suit is still in the discovery stage, he said.
Pollocoff said Monday afternoon that he had not seen the decision and referred questions about it to an attorney representing the village, who did not return a phone call by deadline.
Pollocoff acknowledged that the village amended its initial ordinance in response to the suit Weinberg brought and that no sex offenders had been cited under the ordinance.
The amended ordinance lowered the 3,000-foot prohibited zone to 1,500 feet, which still makes 60 percent of the village and 75 percent of the residences off limits to offenders.
The restriction on offenders living near each other was removed entirely, as was the limit on renewing leases for offenders living within a prohibited zone.
Also, the amended ordinance did not apply to an offender whose most recent conviction occurred 10 years or more prior to living in the village.
This is just another example of the ‘village do-gooders’ making rules with absolutely no facts to back up their proposed ostracism of US citizens. It’s high time that these ‘do-gooders’ be held financially accountable for the pain and anguish they put ex-RSO’s and their families through. I guess they figure they can point to RSO’s as the scourge of the community and not have to fear retribution, which just might no be so with drug dealers and ‘gang-bangers’.
The difference is that Drug Dealers and gang-bangers will physically fight them and cause bodily harm, possibly even fatal harm. SO’s don’t have a history of doing that.
Not Yet !!! But if things keep going like they are ???? People can only take “SO MUCH” Before they “SNAP” and Go Stupid!!. Honestly, I believe that if EX Offenders started ” Fighting back ” just like the Drug Dealers and Thugs, Things would change, And Change QUICKLY !!. Just Saying !!!.
I totally agree!!!!!
How many of us are there in Florida, if we all decided to tell them …”enough is enough” if we all got together and said , you know what, we ain’t going to follow your dam rules, what are they gonna do, there is not enough jail space for us all.
Unfortunately, we “RSO’s” have more to lose than “Drug Dealers” and “Thugs”…. most of us have families, business and such, were as Drug dealers and thugs don’t have much.
But, Oh, it would be a thing of marvel to see all stand up to this fascist and corrupt police state….one can only dream
“We are human beings also, with emotions, likes, wants and needs, to treat anyone race, gender, religion, or group of people any less degrades all of humanity in a whole”
That is definitely a win in our favor in Wisconsin. I noticed that part of the original community ordinance kept the SO’s from an area in which they could afford. We in Orange County, FL. are in a related circumstance. Owners of houses or apartments or mobile homes gouge the prospective SO tenant so it’s either impossible, financially, to live there or puts such a constraint on their budget that many go without medical insurance or transportation because they cannot afford it. There is a mobile home nearby that has four tenants. The total rent that is being collected from all 4 people is $2100.00. Prior to renting to recently released SO’s the place was being rented for $800 to a family of 5 … 2 adults and 3 children. Their rent was appropriately charged.
At it’s core, “Legislative Vigilantism”.
This is great that they can seek damage but if a Jury decides on damage it will most likely be $0 or $1.00
Why does it seem humans are unevolving rather than moving forward in wisdom? Haven’t the christians who make up 80% of the population learned about nonjudgement and forgiveness? Mercy? Do unto others as you want done to you?
A medical professional recently said to me that she would gladly castrate any one, for free, who has molested a child or raped someone. I explained the destructive nature of her comment, how continuing the cycle of hurt for hurt is never going to bring healing and peace to this planet. She smirked and said “maybe.”
I still see nothing but the Scarlet Letter playing out again. Women caught in adultry, not men, were punished by church “leaders.” Different reason now but same ignorance.
Not many people understand that the legal system in this country is ecclesiastical maritime law and is completely unconstitutional. We have got to get people to wake up and help restore Common Law, the original law of the LAND. This is absolutely necessary if we want to restore a more significant idea of freedom.
…….”Haven’t the christian’s who make up 80% of the population learned about nonjudgement and forgiveness? Mercy?”
No.
In my little town the Christians don’t want me or my family to attend any of their churches. We have tried to reach out to a few of them, but they will not reach back. They (the so-called Christians) the pot stirred up nationwide. They are just like the pharisees of Jesus’s day. They ignore forgiveness and mercy.
They (the church leaders) are more worried that a sex offender would cause their giving members to leave the church…so to hell with the Sex Offenders (and their family) needs for spiritual help and counseling that could help stop recidivism. That 10% of congregations paycheck is what rules in our churches.
I never read where Jesus put money ahead of a humans need for spiritual guidance and moral assistance. I guess I must be reading from the wrong Bible.
While there should be a separation of church and state nothing could be further from the truth! If you need any proof of this simply open your wallet and see “In God we trust” on every bank note you spend (and the coins as well.)
Sadly most of these laws are based on Christian morality and not reason and facts…in other words we are being punished based on fear and fantasy.
I am an atheist and certainly can see that if the actual facts were applied to the sentences of so-called “sex offences” that they would be quite different than we have today.
Even the Christian bible would offer forgiveness and a second chance but all we get are the “going to hell for sins” part. They can’t even follow their own book and that is the book that we must sear on in a court of “law” to be judged!
There is no way real change can be made until the poisonous effect of ALL religions is removed from the courtroom where unemotional reason should be applied when handing out so-called “justice”!
Lee
I have been writing a weekly e-mail for nearly the past two years on “Politics and the Church” and how the Judeo/Christian principles had a major impact in the establishment of this nation. The problem is not that the Bible professes unforgiveness…quite the contrary…we have people today who read a few lines of the Bible and from those establish ‘Draconian’ laws to punish the evil doers. This is not Biblical at all. Jesus at the well told the woman living in adultery that her sins were forgiven and to go and sin no more. Jesus came to earth not to condemn but to save. What we have today in this nation is a people that have tried to separate church and state with miserable results. Restoration is a hallmark of the Bible. Any so-called church that does not accept any and all persons is a church to be avoided as its service is to satan. We are all sinners, regardless of what some may think, and in need of forgiveness. A doctor is not needed for the healthy, but the sick. Today many ‘do-gooders’ have elevated themselves in their own mind, avoiding to see the ‘plank in their own eye’. When people are mean and condemning we must consider the source…satan. He likes to disperse hate and anger among the people so that he can keep them from the truth. I go to a church that preaches the Bible and all it has to say about life and I could not be happier in the presence of my Christian brothers and sisters. Any church that expects you to walk in as a perfect person, is one to walk away from…as fast as you can. On the day of the Lord’s return, that will be a church left with pews full of hypocrites. If you want true peace, give the Bible a chance. I did and I surely don’t regret it.
Are you paying attention Brevard County?
What I wonder is how can an ordinance/law be unconstitutional in one US county and not in all? It makes no sense but then I shouldn’t be surprised as the justice system in this nation has gotten so far away from our founders’ original intent. The system today is so set up to drag out justice to fit the needs of the politicians at the demise of the citizens…both those who are ‘perfect’ and those who have corrected the ‘flaws’ in their lives.
The city of Windermere Florida (Orange County) should be next on the list registrants are outright banned from living there at all no matter what the sex offence was or when it occured