Clark County (The Evening News)
ACLU challenges Jeffersonville's sex-offender ordinance
The American Civil Liberties Union argued in court Monday that an ordinance prohibiting sex offenders from entering public property owned by Jeffersonville is unconstitutional.
Ken Falk, legal director of the ACLU of Indiana, said it is not rational to ban someone from going to a park when he or she has not committed an offense there.
“The ban applies whether you’ve done anything wrong in the park or not,” Falk said.
The city’s attorney, Larry Wilder, said that Indiana allows local municipalities to establish rules regarding their parks.
He argues that there is a rational basis for denying sex offenders to enter the park. He cited a national study that found that convicted sex offenders are four times more likely to be rearrested for subsequent offenses.
The challenge stems from Eric Dowdell’s attempts to watch his son play baseball in Jeffersonville. Earlier this month, Clark Circuit Court Judge Abe Navarro ruled that Dowdell did not meet the requirements for an exemption to the rule because of his criminal history. Dowdell has pleaded guilty to domestic battery and battery and faces charges of class D felony strangulation and class A misdemeanor domestic battery.
Falk argued that his history is irrelevant.
“He’s not even required to register (on the sex-offender list),” Falk said. “The state has determined that we don’t have to know Mr. Dowdell’s whereabouts.”
When asked in an interview if it would be constitutional for Jeffersonville to prohibit people currently on the registered sex-offender list from entering public property, Falk said that would not be constitutional either. He said doing so violates their “rights to personal autonomy.”
Wilder countered that “it is not a fundamental right to enter a park.”
The decision will have widespread effects. Falk said he has been contacted by other sex offenders in Jeffersonville who want the ordinance overturned, but he said he could not recall how many. He also said the ruling is important as other communities in Indiana are considering similar ordinances.
The attorneys have 15 days to file paperwork, and then Superior Court No. 1 Judge Vicki Carmichael will make a decision.
Wilder predicts that no matter what happens, the losing party will appeal the decision.
“I fully expect that one day Mr. Falk and I will be presenting our cases in Indianapolis,” Wilder said. “I know the Jeffersonville City Council is committed to protecting the children in this community, and the ACLU is committed to protecting people’s rights.”
- Clark County (The Evening News)
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- Springdale Drive resident sues Jeffersonville
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Baron Hill to support health care bill
U.S. Rep. Baron Hill says he will vote in support of a bill overhauling the nation’s health care system.
The U.S. House of Representatives is expected to consider the long-debated Patient Protection and Affordable Care Act on Sunday. -
Census 2010: Stand up and be counted
With budget cuts affecting everything from school closings to roads getting fixed, filling out the census form may mean more than just being counted.
It can mean more dollars in Southern Indiana. -
Reserve funds gone for Clark County
The Clark County Council entered its meeting Friday afternoon with a plan to cover the $3 million gap between the budget it submitted and the certified budget that came back this month from the state Department of Local Government Finance.
It was going to use the $3,185,750 left in the county’s rainy-day fund to cover the difference. Even after the council agreed to move forward with that plan, $96,393 remained in the fund, which the council promptly spent. -
3 Parkview employees facing termination
Parents of students at Parkview Middle School who are potentially affected are being notified that a portion of their child’s ISTEP test may be invalidated because of allegations of inappropriate test procedures and protocols by one teacher. That’s according to Marty Bell, chief operating officer for Greater Clark County Schools.
And that’s not all. Bell said a separate internal investigation found that two people, a counselor and a dean, whom Bell would not identify by name, had significant inappropriate use of the district’s technology system and breached the acceptable use policy. -
Trying to find e-Harmony
Sunshine Week is a nationwide initiative by media outlets around the country to open a dialogue about the importance of open government and freedom of information.
To do its part, The Evening News requested access to e-mails sent by 10 public officials during the month of January. The exercise was less about reading e-mails and more about seeing what would be released. -
What are the rights to public access in Indiana?
In Indiana, state code IC 5-14-3 ensures that the public will be able to access governmental records and IC 5-141.5 is an open door-protection allowing the public to attend governmental meetings.
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Public access bill again dies
An Indiana House Bill that would have imposed fines on public officials who knowingly violated the state’s open records and open door laws did not pass this year.
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New Washington native to compete for Miss Kentucky title
Melanie Brison may call herself a small-town girl, but the New Washington native is preparing to take center stage, competing for the title of Miss Kentucky.
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A parade of information at Parkview
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