MN: Minnesota Federal District Court Enjoins West St. Paul Sex Offender Ordinance

[floridaactioncommittee.org]

In a decision issued today, the Federal Court for the District of Minnesota granted a preliminary injunction against the enforcement of a West St. Paul sex offender residency restriction.

Calling it a close call in light of 8th Circuit precedent that previously found SORRs constitutional, the Judge found that the West St. Paul Ordinance is significantly more restrictive than those upheld by the Eighth Circuit and was persuaded by the recent persuasive precedent from other federal circuits (including our 11th Circuit) which found otherwise.

Read more

 

 

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t and a**
  4. Please avoid the use of derogatory labels.  Use person-first language.
  5. Please stay on topic - both in terms of the organization in general and this post in particular.
  6. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  7. Please take personal conversations off this forum.
  8. We will not publish any comments advocating for violent or any illegal action.
  9. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  10. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  11. Please do not post in all Caps.
  12. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  13. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  14. We will not publish any posts containing any names not mentioned in the original article.
  15. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  16. Please do not solicit funds
  17. No discussions about weapons
  18. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  19. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  20. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  21. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  22. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

1 Comment
Inline Feedbacks
View all comments

This is another promising sign of how things are tipping in our favor–especially when the Chief Judge of the District opts to skip past his Circuit’s rulings and uses another case! Of note, the court addressed the lack of individualized risk assessment and lifetime duration as problematic. (Anyone at all familiar with my musings knows I see lack of individualized assessment as something the gives courts heartburn.) It also pointed out, “the City has pointed to no case – in the Eighth Circuit or anywhere else – where a court held that residency restrictions were rationally connected to so broad a purpose as “promot[ing], protect[ing] and improv[ing] the health, safety and welfare of the citizens of the city.” The court also noted that the RC, “submitted some recent evidence that sex offender residency restrictions are ineffective at preventing recidivism.” More chinks in the residency-restriction armor! Here is the Order: https://www.gpo.gov/fdsys/pkg/USCOURTS-mnd-0_17-cv-04067/pdf/USCOURTS-mnd-0_17-cv-04067-2.pdf