Convicted sex offender loses suit challenging residency law

Tools

By Beth Boehne

Story Created: Feb 29, 2008 at 8:31 AM EST

Story Updated: Sep 19, 2008 at 4:26 PM EST

LAFAYETTE, Ind. (AP) — A convicted sex offender who was forced to move by a state law can't return home. He has no rights to the property because his wife owns it, a judge ruled.

The man, identified in court records as John B. Doe, had filed a lawsuit challenging a state law that prohibits convicted sex offenders from living within 1,000 feet of a school, public park or youth program center.

Doe, who was convicted of child seduction in 2000 and released from probation the following year, was forced to move from his home near a church that offers youth programs. He argued that the law violated his rights by unfairly punishing him again.

Judge Thomas Busch of Tippecanoe Superior Court ruled against Doe on Tuesday, noting that the home was owned by Doe's wife, not Doe, so his property rights were not violated.

Busch also noted similar challenges that had been defeated in other states.

"Under the circumstances, the court finds that injunctive relief forbidding the prosecutor and sheriff from enforcing this law in this case is not in the public interest," Busch wrote in his 11-page ruling.

Doe's lawsuit was one of three filed in Tippecanoe County challenging the law that forced 28 offenders in the area to move or be charged with a Class D felony. None of the three has succeeded in court.

Doe's attorney, Earl McCoy, did not immediately return a message seeking comment left by the Journal & Courier of Lafayette.

———

Information from: Journal and Courier, http://www.jconline.com

More Good Stuff

WSBT Weather

Current Temp 41.8

More Weather

WSBT Weather

More Weather

On Demand

iPhone
Get the WSBT News and Irish Sports Report apps for your iPhone! Read more »
On DVD
Order a DVD of a WSBT news story! Read more »
Twitter
Follow us on Twitter! Read more »
Facebook
Connect with us on Facebook! Read more »
WSBT E-News
Daily StormTracker e-mails right to your Inbox! Read more »
Video On Demand
Miss a story on WSBT News? Watch it here! Read more »
CBS Shows
Watch CBS shows and news online, free! Read more »
WSBT Alert
Breaking News & Weather right to your cell phone! Read more »
Mobile
WSBT News on the go for your cell phone or PDA. Read more »
RSS Feeds
Get news and updates as soon as they're published. Read more »

Stock Quotes

YouNews

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.