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CO: Supreme court says towns can ban sex offenders

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

Opinion

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  1. kelnothiding

    well ok , then no one that lives there should not be aloud to leave that place , and be a threat to so living safely

  2. MatthewLL

    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.

  3. Erwin

    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

  4. Two States East

    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….

  5. MatthewLL

    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.

  6. stephen

    I keep saying it’s time to start our own towns. Laws are only going to get worse, not better.

    • kelnothiding

      Stephen , well there are some towns that are dead or close to it right here in good ol CA

    • නීතිඥයා

      Do a Wikipedia search on the history of Locke, California…

      • kelnothiding

        Locke CA , that was a good read , thanks for pointing out that ,

        • kelnothiding

          Neland CA could work out if enough of us got in there , I road there a few years ago , stayed in a motel , and you know it was kind of nice ,it would have been a lot nicer if there people that wanted to be friends , but that town is full of empty houses , and buildings ,

        • kelnothiding

          Neland CA , and other ideas , for towns where RSO’s and there familys , I have never seen more dead towms any where than in cali , this I feel is a very real OP , that we could help each other , as well as the movement , who know it could be a very interesting study , for positive stats ,

    • Nicholas Maietta

      I will devote 2 full days a week with anyone who wants to join me, to start developing plans to do just this. I prefer California myself, but realistically, there are some other good states for registered citizens by comparison.

      I would propose that the needs of everyone in the community are met, such as transportation, medical, food, supplies, etc. I’ve been thinking about this for quite a while and the idea has been tossed around a bit before. I would love to see a safe place for registered persons to survive.

      For anyone interested in talking with me about this, please contact admin to get my email.

      • CA COOL RC

        During the spring or Summer
        Instead of having a meeting we could go on a weekend camping trip.

        maybe we can pool in some money and rent couple tent/rv spot for the weekend and have food, fun and maybe if that RV have a club house we could use it..

        Just an idea.

        • kelnothiding

          there some free camping all around around lake , and some realy good one on hwy 178 right on the Kern riverlike BlacK Gulch ,free camping , if you have fishing Lic great fishing , I don’t think I have been to a pay site for over 30 years , but it could be cool , you at least have showers , and some power if you need it , but yes it could work , draw in some funds

      • Timmr

        Would also need to consider an income source for those who do not have a non location specific job. Maybe a field to table coop supplying some local restaurants? It would take a broad range of talents to pull off an enterprise like that, marketing, planning, labor, etc.. I’m just thinking that because my imagination is limited, but if there are other ideas, I am sure a bunch of people could come up with an industry for the town.

        • kelnothiding

          yes you right it would take a lot of know how , but what o can say is that I lived on a commune for a while and it seemed to me that there were many ways to make the money happen , and there was on the job training , for everything they had to offer as work , you got paid to learn , and would go on making more money for the commune , it was no town , but it was peaceful , we made candles , the best darn candles you ever seen , and they sold like crazy , but the guy that started the place died and his Fam came in and messed everything up , but starting restarting a town could be very cool , I wish I owned a really large ranch , lol , it would be cool to talk to as many RSO’s as possible about this and our famliys as well , it would be cool to take a piece of our state of CA back , and use it for something positive , like live a real life

    • Frank

      Stephen and Kelnothiding:
      Been thinking about a town with nothing but SO’s. It’s just me thinking about how in the heck do we protect ourselves from outside thugs coming into…what would be our completely unarmed town?
      Would we have any police or fire protection. Could we be armed to protect ourselves or the town. I’m not sure, but I don’t think we can even own a firearm as RC’s?

      Sorry for being such a killjoy, but I don’t really trust many of our current community protectors, doctors, firefighters who may or may not come to our rescue now, knowing what they know these days, with all of the information sharing and lack of anonymity we have. Which is practically None!

      Just my mind wandering.

      • kelnothiding

        Frank ,,, it would be great to go in that very matter of protecting our selfs , and that is one of those things that folks should sit around a camp fire and talk about , I don’t trust cops eather fire people , and many others , but first we need the town or place and see what we have to work with, and how many we have to work with , I have thugs around me now , and have already had to protect myself , no cop came and saved the day , matter of fact I went to jail , not the guys that jump me , but when I got out they never even act like they wanted anything , that has happed to me twice , no one came and saved me , and it cost me a lot more in fines than I could afford , but I do have some good ideas on that very thing but this might be a bad place to show our hands , how are you staying safe now? any ideas to make it better or safer now? not all cops are bad , I am not going to stop looking for a better way because of the fear factor ,

  7. ProvenU Wrong >23yrs

    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.

  8. kelnothiding

    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 ,

    • Timmr

      There was a guy who bought a plot of land in the Utah desert and started his own country. No one can take away our right to protest until our last breath. There is still land to be had under the Homestead Act., albeit the plots left over are probably on a wind whipped block of granite far from the nearest 7/11. And, as you mentioned, there are towns for sale cheap gone bankrupt under the neo-liberal economy, ripe to pick for those who can pool their resources. Would be hard, yet, I am beginning to think that being a mountain man in a wilderness would be much easier that being a labeled sex offender in these modern cities, and raw nature in the form of a blistering sun and a parched landscape is much more forgiving than the hatred emanating from your fellow human beings.

      • kelnothiding

        Timmer ,, there is a lot of what your looking for cheap! the big cost is putting a good well in over 25K , that’s with some of the needed permits , but there are small towns on there way out that all ready have water , I am like you the mountains is my stomping ground , there rare ways to do this that are not against the law , thing to think about for sure , it sounds to me , right here on this site there are some real shakers and movers , I am looking for that opening to have a chance at a real life with not only my family but new frinds , you know? people to go fishing with and what not ? Can I Get A Hell Yes ??

        • Timmr

          Hell yes. Tired of living as if I am on eternal probation, worrying what restrictions are coming down the pike next. Want to just live spontaneously, wave to friends when I go out the front door, not enemies.

  9. New Person

    Oh wow. Isn’t banishment punishment? Just wow!!!

  10. Mike r

    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

    • Timmr

      No, you would still register in whatever county you were in, go down the mountain and sign your name with about 12 good comrades at your side. And afterwards there would be a party to make you forget what the country had made you do to yourself. And then you would get on with living for 364 days.

      • kelnothiding

        Timmer !you got the right idea Bro ,, Cheers ! Anyone have any ONES ? for the dancers? lol

  11. John

    If I bought my own city I would force all free citizens to register while in our town.

    • kelnothiding

      lol . ok , because its law? , or what? I feel like theres a punch line ,

  12. USA

    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

  13. Mike r

    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.

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