Indiana Court Rules School Ban for Parents Unconstitutional
In another big win yesterday, an Indiana appellate Court determined that a law banning sex offenders from schools is Unconstitutional as applied to parents of children attending that school whose cases pre-date the law.
The Judge’s order found that restricting the registrant from his own child’s school was a “disability or restraint [that] is neither minor nor indirect”. It was punishment. He found “schools—especially school sporting events—have been open to members of the public. It seems reasonable to assume, therefore, that the act of restricting an individual from entering school property has historically been considered a form of punishment.”
The plaintiff in the case challenged the Indiana law on three grounds; first that it constituted Ex Post Facto Punishment, second for vagueness and third, that the statute violated his due process interest in the care, custody, and control of his son. Since the court ruled in his favor on the Ex Post Facto punishment ground, they didn’t address the other two.
It’s GREAT to receive a consistent flow of decisions across the country finding these laws do impose punishment and striking them down on ex post facto grounds!
If you care to read the decision, it can be found here: https://floridaactioncommittee.org/wp-content/uploads/2017/09/Kirby-v.-Indiana.pdf
If we can just get one judge to say its against the law not to hire us because of the registry then, and only then will i begin to be hopeful
Well, Why not get together and everyone go start applying for jobs !! Tell the employer that you’re on the Registery, Record the employer denying a job because of the Registery !!!!. That should start the ball rolling !!. Then maybe a Judge will listen and possibly rule that the Registery is PUNISHMENT ??!!. Maybe, Just maybe , If WE fight TOGETHER, we can get something done !! But it’s gonna take several (many many) Registered Citizens to get together and DO SOMETHING !! 1 will fail where several will not !! All for 1, And 1 for ALL !!!. At close ( probably over) to 1 MILLION Registered Citizens, We are now Big Enough to be HEARD if we Stand Up and Speak !!. Just think about it !! If there is 1 MILLION REGISTERED SEX OFFENDERS in the USA, And each EX Offender has 3 friends or family members that will stand against these UNCONSTITUTIONAL LAWS, That’s 4 MILLION+ people !!!!! I think 4 or even 2 million people is enough to change some things if we all tried !! What do we have to loose ??. Can it really get any worse ??. Worse as in us fight back ??. If we continue to sit and “Take It” it’s gonna get much worse !!. It’s time to do something while some Judges are rethinking some of these laws !! The time is NOW for us, Before it’s too late !!!!.
That’s a great plan the problem as most of us have already found out is that employers will not hire and or fire you and not have to tell you why. in most cases you know its because of the registry but you do not have to give a reason in Florida so they say things like were not hiring now after you answered an ad saying they were and went to three interviews because they were hiring, or having a customer recognize you from the registry and the next day your let go. no employer or potential employer will ever tell you its because your on the registry
This is GREAT and does give one hope of finally some common sense being used to this horrible antiquated social shaming list!
I really can NOT WAIT until the day that the headline is about Florida and not some other state. I really hope that day is soon.
It is really sad watching my days pass by one by one still with these punishments hanging over my head and limiting what I can do, where I can go, who I have to report too even after 2 decades of complying fully and having additional punishments added all the time.
For once it would great to have Florida make national news NOT making homeless sex offenders move from under a bridge but rather for setting a precedent by getting rid of these terrible Ex Post Facto punishments.
What a day of joy that will be for so many who have suffered needlessly and at the hands of a few heartless and soulless politicians who have used a few bad apples to punish an entire group without any logic or facts to back up their selfish laws!
Profiling and stereotypes are so 1990…it’s 2017 and it is time that we demand to be treated as individuals and not all lumped together like one person. We have individual rights and we want those back – We demand them back as American citizens!
Lee
If only some of these positive decisions had an impact on us in Florida…
They are all persuasive precedent. If you see our opinion from the 11th circuit, it cites the Doe v. Snyder 6th Circuit case.
This is all great for us here in Fl
How can these smaller victories be translated into new policy? What can we do to expand this into the mainstream? Im happy for each who have had their personal victories. I am just wondering when application would be beyond single lawsuit?