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WI: Would-be resident sues Hartland, calls ban on more sex offenders unconstitutional

[jsonline.com – 4/21/21]

Karsten _____, 34, has been living with his parents in Nashotah, but he would like to move out to his own place in Hartland to be closer to his job but not too far from family.

Hartland’s police chief has warned Karsten _____ he’s not welcome, citing the village’s moratorium on any more sex offenders living there.

In a federal lawsuit, Karsten _____ contends that the village’s 2018 ordinance, applied retroactively, amounts to an illegal ex post facto law, in violation of the U.S. Constitution.

The “designated offenders” banned by the ordinance include anyone on the state’s sex offender registry. Karsten _____ is listed there because of a 2007 conviction for sexual assault of a child.

According to the suit, Hartland officials decided a few years ago that too many sex offenders — 32 — already lived there, a “saturation level” 6.75 times higher than other Waukesha County communities.

Read the full article

 

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This case appears to be an illegal and unconstitutional form of banishment.

Glad people are getting vocal, making a stand, and taking action. I admire them.

Wisconsin has a broad problem with residency restrictions, like the ones many communities have which prevent a registrant from living there if they were not a resident there at the time of their conviction. In short, these laws keep me from every moving from my current house, even though I want to downsize. The town where I live has one of these rules. I’m currently grandfathered but if I give up this residence I cannot establish a new one. None of the surrounding towns would allow me either. Quite a mess. Hope this guy is successful. My guess is that… Read more »

Yes sir. It is a broad problem in our state. Unfortunately as SCOTUS approval signals the hypocrisy behind claims of a different intent behind the people’s choice of the Dept. of Corrections as administrator of Wisconsin SOR. OBVIOUSLY the underlying intent was both safety AND punitive (affirmative restraint & retribution is paying again), just as it was initially upon the qualifying case(s). So while it may not be the ” commitment itself” to DOC that makes the regime punishment; it is the human indenture to the property that imposes bodily restraint from lawful uses of other properties that does! This… Read more »

Wisconsin rules are what prevented me from being able to accept a decent powerhouse career position in Tomahawk.

Not sure whether to be happy or sad. I miss Wisconsin terribly, all my family is there, most of my remaining friends live there, but the local idiot they hired instead of me blew up the place and killed three people.

I seriously hope he wins. AND is ready for the hell local LE will give him if he does.

32 is a high and frightening number to these people. Higher than their iq which would be scary to them or maybe they belong to Q. Where we go one we go all right off the cliff.

Plaintiff being represented by Civil Rights attorney Adele Nicolas, huh? Heartland, maybe you should research her success and start your settlement discussions now. 👍

Boy, I sure hope the city doesn’t decide they’ve reached a “saturation level” of impoverished people, or Blacks, or drunks, or gays.

I wonder if Robinson v. California, 370 U.S. 660 (1969) (https://supreme.justia.com/cases/federal/us/370/660/) could be used here. In Robinson, SCOTUS ruled that punishing someone for the mere status of being a drug user was a violation of the Eighth Amendment. Is this city not punishing based on one’s RC status? It’s admittedly a bit of a stretch but perhaps…

But AJ, SCOTUS clearly said nothing having to do with the registry is punishment. It’s not different than getting a traffic ticket on your way to the Price Club.

Robinson is not a fit for this type of litigation. Robinson has been interpreted as prohibiting punishment for conduct that is inseparable from a “status” and thus completely out of the person’s control. For example, courts have held that a city can’t make it a crime to sleep outside if someone is homeless and the city doesn’t have sufficient space in its shelters.

I’m not for a settlement which includes “We won’t enforce it anymore while keeping it on the books.” Strike the law from the books. Anything less than that is just laziness on their part. Giving someone the ability to apply for an exception which can be granted is nothing more than a power trip by those who feel they need it and tell it to those who wanted/needed one at time in the future. “Now remember, we let you live here by an exception, so behave yourself or maybe we will make your life a living hell through LE harassment… Read more »

All this recent noise about unity, harmony and inclusion from the media and lawmakers? Ha! We’re exempt from all that..

No one should be FORCED to live in crisis mode and outside of their comfort zone forever in order just to EXIST without fear of being subjugated by the local sheriffs’ office or killed by some random stranger.

Wow, this guy has guts! I have to respect his willingness to fight for what he wants, no matter the publicity

Back in 2011 i found a really nice house for rent in the city of Corona the landlord was a really kool old surfer dude and didn’t care about my past all he cared about was my money . We were so excited no more apartment complexes with a bunch of nosey az neighbors it had a really big backyard for the kids to play The down payment was like 5.000 dollars we paid it got the key and put in our 30 day notice and began packing while i was packing i started thinking because i have the keys… Read more »

He walks up and says sorry but the whole city of Corona is off limits to sex offenders.”

Banishment, anyone?

@AERO1 – I have been registering in Corona for 20+ years and I can tell u that there are plenty of registrants in town. Living here is pretty easy, no compliance checks after you’re no longer on probation, they take appointments for annual registration, normally takes 10 to 15 minutes and you’re out of there. I’m not sure who you ran into or talked to but to say that we’re not allowed to live here is completely incorrect.

I don’t care how long you or whoever lived in Corona those 🐖s wouldn’t even take my information

https://www.pe.com/2015/07/14/corona-sex-offender-ordinance-may-change/

“Saturation level”? Isn’t that like when you put too much into a solution and it becomes saturated? Or if it rains, the ground is saturated.
Maybe the phrase goes both ways. Registrants are reaching a saturation level with the b.s. ever-changing rules.

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