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TX: Lewisville Loses Appeal on Sex Offender Ordinance

In a ruling released Tuesday, the US Fifth Circuit Court of Appeals has reversed a district court ruling from last year that had dismissed a lawsuit against the City of Lewisville over the constitutionality of a city ordinance restricting where registered sex offenders can live. Full Article

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  1. j

    The rationale that the victim of the city’s residence restrictions had not actually violated the law, therefor was not able to pursue relief, is among the most farfetched distortions capable under these draconian statutes. The registrant was trying to keep his family intact, make an effort to move forward and provide for his family.

    As I have previously stated, these laws implicitly bully and intimidate the registrant and their families and create an unlivable catch-22 for anyone trying to merely exist. Fortunately this was appealed to a higher court that had some time, and conscience, to help in this injustice. If anyone argues that these laws are not intended to punish – whether it be ex post facto or adding to the registrant’s sentence – they are simply in denial at the least, and outright lying in most cases.

    While we are aware that anyone committing a crime implicitly victimizes their own family, these laws make prolong the family’ suffering unnecessarily far beyond the scope of the initial case. Lawmakers seem to care about their own political survival more than giving any family unit a chance at recovery and survival.

  2. Brubaker

    Whewwww…that’s a HomeRun right there in texas…the lawsuit may proceed…….if only the city/county stayed within the law…isn’t that what you tell everyone else..????

  3. Q

    Even if he loses the case at least he is keeping Lewisville in a state of napping their fingers and tap dancing. The whole “rational” is nothing less that high pile of BS. I hope to hell this man wins because this will set a precident for every registrant impacted by these unconstitutional laws.

  4. Eric Knight

    Here is another article on the reversal. The article paints a bleak picture to the registrant’s likelihood of success, but his attorney cites Janice Bellucci’s success in getting residency restrictions removed in municipalities in California.

    Article located here: http://blogs.dallasobserver.com/unfairpark/2014/07/sex_offender_wins_right_to_keep_suing_lewisville_over_residency_restrictions.php

    Darn captcha’s are getting harder.

    • Q

      This statement is so far from truth and such an obvious lie; it demonstrates the rational that could conceivably be in a how to scoot around constitutional laws book. The first amendment right to seek redress from the grievance for this family has been violated. It’s sickening how these government entities have manufactured consent to skirt around our laws.

      “Wynjean and the kids couldn’t sue because they weren’t registered sex offenders and thus weren’t directly affected by the residency ordinance. Aurelio couldn’t because he had been grandfathered into their motel room and thus hadn’t suffered any injury.”

      The fact that any impact on a registrants family has such little bearing, even though the impact is directly related to these unconstitutional laws is so short sighted and is more proof of the erosion of many of our rights. I think every citizen should be alarmed and concerned about this.

      It’s nice to see how far reaching the efforts of Janice are and the hope that comes from her efforts 🙂

      • j

        And all the while these book thumpers rant about family values. That is again the disconnect between their supposed ethics and the damage they do by preventing families from normalizing at any point in time.

        Jim Crow has risen from the dead and the founding fathers are turning over in their graves.

  5. George

    I’ve argued for years a family member should sue. A google of “skinner v Oklahoma” will explain.

  6. George

    I should have added In Reckless Hands: Skinner v. Oklahoma and the Near Triumph of American Eugenics by Victoria F. Nourse is an excellent book. If you need a reason to fight, there it is.

  7. USA

    This is actually a wonderful article. First, you post a sex offenders name, address and conviction online. Then, you prohibit them from visiting parks, beaches, libraries and bus stops? Now, you prohibit them from living in certain areas? This is hateful and prejudicial at the very least! This is honestly a success story and its pretty obvious that Mr Duarte will now have money to purchase his home. Great job

  8. http404

    Point of clarification, this is not the first time family members of registrants were recognized as additional plaintiffs. With the restraining order against Simi Valley’s Halloween sign ordinance, several family members of registrants were plaintiffs. That case was settled, leaving registrants subject to the restrictions of the ordinance without the sign, and leaving family members not subject to restrictions. I don’t know how they pull this off, unless the registrant makes his/herself scarce from their own residence while family members put out decorations and pass out candy.

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