Can a municipality pass an ordinance that effectively bans any registered sex offender from living there? That was the issue in Ryals v. City of Englewood, which the Colorado Supreme Court decided recently. Full Column
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well ok , then no one that lives there should not be aloud to leave that place , and be a threat to so living safely
This article does not tell the whole story. It originated in US District Court where the judge ruled it violated state law, because it was in conflict with state law. On appeal the 10th Circuit asked the state Supreme Court that question and the court said no.
The District Court in its opinion never addressed the other constitutional claims because it ruled on the state law question only in favor of the sex offender I have yet to read what the 10th Circuit did after the State Supreme Court ruling. They may rule on the other issue or send it back to district court. This guy is far from having to be tried for a residency violation. Let’s see what happens next.
A similar case happened here in Wisconsin pertaining to the Milwaukee suburb of Menomonee Falls. A RSO signed an apartment lease 4 years before the village passed a “child safety zone” that barred sex offenders from the community. Then the RSO moved in with his in-laws who lived in another part of town. Suddenly the RSO was in violation of the residency ordinance. He appealed to the WI Supreme Court. They concluded his former apartment was “grandfathered” in under the new local ordinance; however, the RSO himself couldn’t be grandfathered. In essence, he should have stayed put in his former apartment.
The biggest mistake this Colorado man made was purchasing a home without knowing about the local ordinance banning RSO’s Evidently the Englewood ordinance had been in place for 6 years before Ryals purchased his home. As unfortunate as this case turned out, it had to be a teaching moment for Ryals. Research, ask questions, find out what the local laws are especially before making a large purchase like a home. As in the case of the Wisconsin man, he should have been aware of the new ordinance & stayed put until he figured what to do about finding another place friendly to RSOs
What can you expect from a State like Colorabo (typo)… I mean since 1998 that State has been using “indeterminate sentencing”. You know, like the judge gives you say, “six years to life”. But that means that you have to complete the in-patient program successfully, and after that you may be paroled after your sixth year…
Wroong ! Colorado can’t keep enough shrinks on prison staff for the program. Lack of funding too. Why fund this program when the victim-advocate industry sucks up all the loose change ? So that means there is a huge backlog of prisoners waiting that can’t through through therapy. So in my example of six years, they go way beyond. And they wait….
I just checked and could not see a published ruling by the 10th Circuit. The State Supreme Court’s answer to the question by the 10th Circuit, essentially what the article was reporting, was issued late January. Not sure why it has taken this long for this to be reported. Like I said earlier, far from being over. The District Court I would expect needs to rule on the remaining issues he left for another day.
I keep saying it’s time to start our own towns. Laws are only going to get worse, not better.
And they enron-speak again fraud and misrepresentation…
How they mistreat free Americans.. Free men & women they are repeating history in how they mistreated Native Indians here in America.
Perhaps they provide as well some land or reservation town to live .
THEY’VE done it before to people.
there are few towns dieing down that way , don’t seem like it would be hard to get someone in office , and a the ole city commity , pass a few laws of our own , I don’t know the right to live maybe , within city , RSO’s family park ,
Oh wow. Isn’t banishment punishment? Just wow!!!
timmer totally agree if I could purchase firearms legally and not have to report to government every month in most if you’re transient which I’m sure is what you would be considered if you disappeared into the wilderness so it would make you a fugitive where they would be a major manhunt I would be gone in a heartbeat already the only reason I would have any contact with society would be to come and see my son and grandson but it isn’t going to happen because these plutocratic aristocracy who are devoted to hubris behaviors and are set on destroying our country just as the Roman Republic did thousands of years ago will not release their subservient subjects from indefinite cash cow that we are. we are no longer in a democratic Republic we are now in a oligarchy in the illusion of a pseudonym democracy. just like the Roman’s if the people don’t heed the warnings of the past our society is going to collapse.its inevitable
If I bought my own city I would force all free citizens to register while in our town.
Well, let’s look at the big picture! He had a sexual relationship with a minor/violated his probation and was sent to prison? As noted, he is only required to Register for 10 years? I plead to a misdemeanor battery/summary probation/expunged and I’m still registering in Ca
man USA stop whining about how you pled your charges down expungment probation still have to register you said your income bracket put you into one of the top 5percent hire a lawyer get it in front of a judge use the current empirical data to refute the old claims of high recidivism rates and ask the court to rationalize and justify their decisions to keep you on the registry if I had the money believe me I would have done it a long time ago.