Tuesday, April 1, 2008

Ind. Decisions - More on "Judge upholds Plainfield sex offender ban"

Updating this ILB entry from March18th, Bruce C. Smith of the Indianapolis Star reports today in a story that begins:

Plainfield has won the latest round in its three-year legal battle to ban convicted sex offenders from town parks.

But the lawsuit of John Doe vs. Plainfield isn't settled.
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Attorneys at the American Civil Liberties Union of Indiana said this week that they will appeal the latest Hendricks Superior Court ruling that found the town ordinance banning sex offenders to be constitutional.

ACLU legal director Kenneth J. Falk said Tuesday, "I've spoken with the client and he's authorized us to appeal."

Falk will continue to challenge the constitutionality of the town ordinance in a filing with the Indiana Court of Appeals within 30 days of Hendricks Superior Court Judge Robert Freese's March 13 ruling.

"We'll continue to argue that the ordinance is unconstitutional. One of the fundamental rights in Indiana is the right to go into public places, but this law attempts to extinguish that right," Falk said.