In a ruling released Tuesday, the US Fifth Circuit Court of Appeals has reversed a district court ruling from last year that had dismissed a lawsuit against the City of Lewisville over the constitutionality of a city ordinance restricting where registered sex offenders can live. Full Article
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The rationale that the victim of the city’s residence restrictions had not actually violated the law, therefor was not able to pursue relief, is among the most farfetched distortions capable under these draconian statutes. The registrant was trying to keep his family intact, make an effort to move forward and provide for his family.
As I have previously stated, these laws implicitly bully and intimidate the registrant and their families and create an unlivable catch-22 for anyone trying to merely exist. Fortunately this was appealed to a higher court that had some time, and conscience, to help in this injustice. If anyone argues that these laws are not intended to punish – whether it be ex post facto or adding to the registrant’s sentence – they are simply in denial at the least, and outright lying in most cases.
While we are aware that anyone committing a crime implicitly victimizes their own family, these laws make prolong the family’ suffering unnecessarily far beyond the scope of the initial case. Lawmakers seem to care about their own political survival more than giving any family unit a chance at recovery and survival.
Whewwww…that’s a HomeRun right there in texas…the lawsuit may proceed…….if only the city/county stayed within the law…isn’t that what you tell everyone else..????
Even if he loses the case at least he is keeping Lewisville in a state of napping their fingers and tap dancing. The whole “rational” is nothing less that high pile of BS. I hope to hell this man wins because this will set a precident for every registrant impacted by these unconstitutional laws.
Here is another article on the reversal. The article paints a bleak picture to the registrant’s likelihood of success, but his attorney cites Janice Bellucci’s success in getting residency restrictions removed in municipalities in California.
Article located here: http://blogs.dallasobserver.com/unfairpark/2014/07/sex_offender_wins_right_to_keep_suing_lewisville_over_residency_restrictions.php
Darn captcha’s are getting harder.
I’ve argued for years a family member should sue. A google of “skinner v Oklahoma” will explain.
I should have added In Reckless Hands: Skinner v. Oklahoma and the Near Triumph of American Eugenics by Victoria F. Nourse is an excellent book. If you need a reason to fight, there it is.
This is actually a wonderful article. First, you post a sex offenders name, address and conviction online. Then, you prohibit them from visiting parks, beaches, libraries and bus stops? Now, you prohibit them from living in certain areas? This is hateful and prejudicial at the very least! This is honestly a success story and its pretty obvious that Mr Duarte will now have money to purchase his home. Great job
Point of clarification, this is not the first time family members of registrants were recognized as additional plaintiffs. With the restraining order against Simi Valley’s Halloween sign ordinance, several family members of registrants were plaintiffs. That case was settled, leaving registrants subject to the restrictions of the ordinance without the sign, and leaving family members not subject to restrictions. I don’t know how they pull this off, unless the registrant makes his/herself scarce from their own residence while family members put out decorations and pass out candy.