Judge upholds ordinance banning sex offenders from parks

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By Tiffany Griffin

Story Created: Mar 18, 2008 at 7:55 AM EST

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

PLAINFIELD, Ind. (AP) — A judge has upheld a town ordinance that bars convicted sex offenders from using Plainfield's parks and recreation areas.

In a five-page opinion, Hendricks Superior Court Judge Robert W. Freese ruled that the ordinance was constitutional.

The American Civil Liberties Union of Indiana filed a lawsuit in 2005 challenging the ordinance on behalf of a man known in court documents as John Doe. The ACLU argued Doe has completed his punishment including probation and that banning him from the park effectively adds more punishment.

ACLU Legal Director Kenneth Falk said Monday the group plans to appeal.

In his ruling Friday, Freese found that there is a legitimate government interest to protect children by keeping sex offenders away from recreation areas where children are present. He wrote that "at least some sexual predators prey upon those to whom they have access. And some offenders have a high incidence of re-offending."

Doe was convicted in 2001 of child exploitation and possession of child pornography. The lawsuit stated that he served time in jail, was placed on probation until August 2004 and is on the Indiana Sex Offender Registry.

Doe was visiting the Splash Island water park with his young son in June 2005 when police warned him not to return because he was on the sex offender registry.

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