TX: Shenandoah denies request in sex offender ordinance to allow end-of-life care at relative’s home

Source: yourconroenews.com 11/25/22

An elderly bed-ridden registered sex offender will not be allowed to move in with relatives in a Montgomery County home for end-of-life care after Shenandoah city leaders declined to amend an ordinance that restricts residency.

The daughter of the 79-year-old man sought a waiver to the ordinance adopted in 2018 which restricts registered sex offenders from living within 1,000 feet of a child safety zone per state law. That zone includes schools, parks and public swimming pools. City Attorney William Ferebee said neither state law nor the ordinance provides a method for making exemptions.

The proposed change to the city ordinance, Ferebee said, would allow the police chief to make that decision on granting that exemption and for how long that exemption would be in place.

 Council members appeared to be sympathetic to the end-of-life care situation but agreed the amendment could put the city at risk in the future. The home, Ferebee said, is about 900 feet from the city’s toddler park.

“Unfortunately, with this 79-year-old who is bedridden, it doesn’t change the fact that they are still a sex offender,” Councilman Ted Fletcher said at a board meeting earlier this month. “That’s what state law says and that is what happens when you break the law.”

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That pesky Price Club membership

No mixed feelings about this! This is unambiguously cruel, inhumane, vindictive, and totally unnecessary. The cruelty of this is not limited to just the aged PFR, but also his daughter and potentially grandchildren. They clearly want to provide end of life care for this man, but are being denied! As is all too common in this abomination of a law, the cruelty extends to the family.

How can the State continue to pretend that this is not lifelong punishment? How can the State continue to pretend that their ordnances are anything other than vindictive banishment? This man is 79 years old, bed ridden and dying. How can any reasonable person view this man as any kind of threat? Not even the city council can make that lie seem anything more than ridiculous. So they punish this man based on the theoretical future behaviors of some theoretical other PFR, who may be granted a waiver?

This man must be sent away from his family to die in a ditch because at some point in the foreseeable future, an unknown PFR could take advantage of a waiver to the decree of banishment? A system of banishment that has been proven, provides no safety of any kind! This man must suffer until he dies, and his daughter until she dies, to provide nothing but revenge! Revenge for crimes this man, presumably commited decades ago and has paid for many times over!

This is disgusting.

This case evidences the dangers of State power within the scope of child rearing! The pedo-socialsts presume to steal this mans dignity by force of law into the fringes just so the police state can claim a safer environment for child rearing. This is why the founders spent so much time organizing a gov with limits on power. We witness this disturbing trend from federal education advocates like national school board consortium on the topic of ” teaching” critical race theory(CRT) and the involvement of the U.S Attorney General Merit Garlands letter to authorize FBI investigation into parents complaints to local school boards. HERE the fed seeks to criminalize parents who protest outwardly demanding change. It you want to start a fight start telling others what to teach their children! You’ll get beef!

Texas state law does not dictate to someone off paper how far they must live from anywhere. Texas state law does allow general law municipalities to adopt a sex offender residency restriction ordinance. The maximum distance allowed per statute is 1,000 feet. The municipality in this article is a general law municipality.

It appears the municipality may be correct in that it can not make an exception to its ordinance. Note the state does not mandate a municipality adopt such ordinance, just allows it to adopt. The municipality could rescind its ordinance which serves no safety purpose but of course it will not take that step. Texas is located in the 5th circuit court of appeals. This court has already ruled that even banishment of 97% of a municipality is constitutional so there is no point in fighting the ordinance as it is a losing fight.

But Texas Local Government Code 341.906 which authorized the municipality to adopt such an ordinance does allow an affirmative defense. “…It is an affirmative defense to prosecution of an offense under the ordinance that the registered sex offender was in, on, or within a specified distance of a child safety zone for a legitimate purpose…”

In my opinion, the family should move the registered person into their home for end of life care and just ignore the municipal leaders. They just need to make an attempt to register this person with the local police at the new address so as to not violate state law.

If the police refuse to register the person, then that is their problem and the registrant has a defense against prosecution of state law because an attempt to comply with state law was made.

And if the police object to the person moving to family for end of life care, they can issue a $500 a day (ticket) fine for every day until the person is deceased. Note any offense of the municipal ordinance is not a penal code offense. The statute is in the local government code, not the penal code.

And let the municipality charge the dying person with a misdemeanor, one charge for every day. Note there is nothing in the statute that makes the family responsible for the fines or misdemeanors, only the registrant. Then when the municipality takes the estate to municipal court because the registrant will most likely be deceased, the estate representative can argue under the statue end of life care was a legitimate purpose.

If the municipal judge agrees with the end of life care being a legitimate purpose, that is the end of the issue. If the municipal judge disagrees with the end of life care being a legitimate purpose, well then the estate, if there is any money, can pay the fines and the deceased person will just have misdemeanors put on his record after he is deceased.

What is important is the dying person can receive end of life care with family.

FYI – If this municipal court is not considered a court of record, then the judge is not required to have a law degree nor to have passed the bar. Two local adjacent municipalities to me are not a court of record and none of the judges in these two places have passed the bar.

FYI – In Texas if on probation, state law allows the judge to make an exception to any judge ordered sex offender residency restrictions and I have been told by an attorney the judge’s decision takes precedent over a municipality’s ordinance. And parole can make an exception to any parole ordered residency restrictions.

Out of all The horrible things the registry has done to people I think keeping someone from dying peacefully with their loved ones Has got to be the lowest and the most horrific punishment ever, and because the registry is so new A lot of people haven’t even thought that far down the line, there to busy trying to survive another day and staying out of prison.
Councilman Ted Fletcher said “This is what happens when you break the law” he’s basically telling all registered sex offenders that you will be punished to the day you die and The United States government has no remorse.
I don’t see things getting any better in the future eventually they’ll have to make some kind of underground railroad to start getting offenders out of this country, helping them escape in to Canada and Mexico or anywhere they can live and be free.
If you have a job start saving all your money so you can buy a house so you can die in peace or save enough money just in case you have to make a run for the border and then fly overseas.

The purpose of the limitation is deterrence. Deterrence is a form of punishment. A petition by the daughter of a bedridden 79-year old registrant to take are of the registrant for end of life care is denied.

I hope ACSOL is logging this as piece of evidence of just how intrusive the registry since 2003 Smith v Doe. I want ACSOL to throw so much evidence of just how wrong SCOTUS was with their idealism and how much destructive their decision has been on so many citizens no longer under custody… supposedly no longer under custody, but they are still under custody.

Joust move him in what are they going to do arrest him? Do they really want to spend the money taking care of him. Inhumane and cruel.

So fucking heartless!!
😠 😠 😠 😠 😠 😠

Can she sue for elder abuse? Tell me this isn’t just that. A society that doesn’t take care of itself is not a society.

As more of these types of cases arise with negative outcomes, more people will be sympathetic to reversing the registry. Can you imagine a mentally impaired youth being removed from their family because the state says “ No Way ! “

Well, at least Shenandoah Police Chief Troye Dunlap proved that he is an idiot and a scumbag. People who live near the scumbag should recognize and know that. The idiot said, “It wouldn’t be within that 1,000 feet. It’s too much of a liability.” Obviously the idiot has no clue what liability means and/or how to ascertain liability. There are so many clueless law enforcement criminals. Dunlap is likely just another.

If these scumbags like Ted Fletcher and his co-criminals did this to one of my family members I would ensure they suffered serious consequences and lived the rest of their miserable lives sorry for what they did. Registries are tools of out-of-control, criminal big government. It is time for fascists to pay consequences.

Well I don’t know the whole story about this offender and as this councilman said thats the law if you break the law. Well they are breaking the law of the Commandments plain and simple or does anyone know how Rome fell. I’m sure they had corrupt government back than or do you people on here ever use your brains or is it stuck in a lifeless databasse.

Guys this is serious issue and you all don’t or can’t seem to understand. You have Will Allen up in arms becausse of a label. Hey I would rather take shame than give government the benefit of the doubt. Government is the one that should be ashamed they even created a boobie trap type of registry. After one’s probation is up that should be the end of the matter. Government has its issues but they hide themselves just like the vermon they are.

No mercy at all!!
Those who have not shown mercy will not receive mercy!!

This whole scenerio really highlights that every behavior originates either from love or fear.

It does not matter that only 2 registered people live in town including the dying man. It does not matter that these 2 did not re-offend – if they did, of course it would have been made public for the hearing. No facts about the registry or people committing sex crimes matter. The municipality leaders including the chief of police live in fear.

When the brain is ruled by fear, the analytical part of the brain shuts down where facts and common sense are ignored and the brain goes into flight or fight mode.

How very sad to live one’s life always in fear of someone or something. I know people like that and I choose not to spend much time with them. Because it appears half this country lives in constant fear, one will never be able to convince them that most all labeled people are not monsters that want to rape every minor they see walking down the street and that they instead should be focused on people close to the minors who the minors trust.

As others here have pointed out, I think fear for our safety is only going to increase as the fear loving people are becaming more and more violent. These people fear any type of societal change. They fear anyone different than them. They fear anyone with different beliefs. They fear anything they don’t know anything about and just blindly follow what they are told to fear instead of educating themselves about the unknown which would alleviate fears. And registrants make good targets for their fear.

I refuse to live with my girlfriend until off the registry in a few years for her physical safety and to keep her property from being vandalized.

can we find out who sits on there board so i can send every one of them christmas cards!

Wow,such heartlessness. When they get judged with the exact same judgment they render it will be panic time with no recourse, no appeal.

the government loves registries, vax registry, gun registry, sex offender registry…Ayn Rand: “There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”
Nonaction nonperformance of a victimless, administrative task…CRIME.

ahhh but Prince Andrew?

Well Well thought the registry was not punishment.. He is still a sex offender. This is what happens when you break the laws. Sound like punishment too me.

yep add this one to the many other cases where they wont let PFR’s in to nursing homes,or be buried in a grave yard , fight this registry with every single thing that is punishment even after death , “Dude says should not have broke the law” Oh well you sure are showing him how “cowardly tough” you are on crime , everything from list that leave PFR’s being open to open season , to not even being able to die with dignity , I feel so bad for this 79 year old person and family that it makes my blood boil , again if you murdered someone no list/nursing home good to go/ forgiven once prison punishment is over . It is way over do to make the registry a thing of the past , I sure don’t want to die on this spirit crushing registry . anyway prayers to this family as well as all the others feeling this on going cruelty .

They clearly are not going to change their mind, so the offender should find a way to FTR and get taken into custody. Let the taxpayers fund his end of life journey.

if it was my parent i would move him anyways and i would say to the Koppers come and get us , i would have not even brought it up its only on his birthday to register we don’t know when that is