Showing posts with label city ordinance. Show all posts
Showing posts with label city ordinance. Show all posts

Tuesday, January 5, 2016

NE: City Council Rejects Sex Offender Residency Restrictions


FALLS CITY – City council discussed and took action on whether or not to draft an ordinance restricting the distance a registered sex offender(s) can live to a school or a licensed daycare.
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Wednesday, July 30, 2014

Sex Offender Has Case Over Residency Ban

Posted by on July 28, 2014 in Articles

 http://floridaactioncommittee.org/sex-offender-has-case-over-residency-ban/

 A Texas man can sue a Dallas-area suburb over the constitutionality of its ban on registered sex offenders living within 1,500 feet of children, the 5th Circuit ruled.

Registered child sex offender Aurelio Duarte and his family sued Lewisville, Texas, after he tried and failed to find a house to rent or buy in the city that complied with the ordinance. 
He had earlier served eight years in state prison after a conviction of online solicitation of a minor. Duarte returned to Lewisville upon his release in 2009 and learned of the ordinance enacted one year earlier that bans registered child sex offenders from living within 1,500 feet of “where children commonly gather.”

The family currently lives in a one-bedroom motel room to comply with the ordinance.
The trial court later dismissed they family’s constitutional claims, concluding they lacked standing. A three-judge panel with the 5th Circuit disagreed, unanimously reversing and remanding the ruling Tuesday.

Writing for the panel, Judge Edward C. Prado said Duarte and his family have standing because they had “concrete” plans to live in Lewisville as opposed to indefinite plans.
“In order to find a place to rent or buy where the family could reside together, ultimately, the Duartes moved away, forcing the children to change schools and taking [wife] Wynjean Duarte farther from her job,” the opinion stated. “The ordinance therefore interferes with the Duartes’ lives ‘in a concrete and personal way’ which the Supreme Court has held is sufficient to confer standing.”

Prado criticized the trial court for tossing the claim after combining “the actual-injury inquiry for standing purposes with the underlying merits of the Duartes’ constitutional claims.”

“The district court concluded Duarte lacked standing because he resided in a motel room grandfathered under the ordinance, and had not yet been cited or prosecuted under the ordinance,” Prado wrote. “But ‘it is not necessary that petitioner first expose himself to actual … prosecution to be entitled to challenge a statute that he claims deters the exercise of his constitutional rights.’ The Duartes’ fears of liability are not ‘imaginary or speculative.’ Instead, their fears are based on correspondence with the Sex Offender Registrar warning against purchasing or renting specific properties. The district court rejected Duarte’s argument that he had been ‘all but prohibited … from residing at any location within … the City of Lewisville,’ because three residences were available. But the Duartes need not show they were ‘legally foreclosed from purchasing or leasing residential premises due solely to the … City of Lewisville,’ as the district court apparently believed. Instead, they need only show that the ordinance treats them differently from other would-be renters or homebuyers making it ‘differentially more burdensome’ for the Duartes to find a new place to live for standing purposes.”

Florida Action Committee (FAC), founded in 2006, is a state-wide consortium of concerned citizens and professionals whose purpose is to promote the prevention of sexual abuse while preserving the safety and dignity of all citizens through carefully structured laws targeting the truly violent, forced, and/or dangerous predatory acts of sex. FAC believes that many aspects of the current approach to sex offenders seriously undermine justice and actually increase the threat of sexual assault against others, particularly children. FAC opposes a publicized registry of sex offenders and seeks to bring an end to the humiliation of people who have already paid for their crimes. FAC asserts that only by supporting justice for all people—offenders and victims alike can a truly safe society be built and secured for all Americans.

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One to See Change Blog List

"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.

But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?

All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
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What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
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I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”