Judge Strikes Down Iowa Sex-Offender Law

MCall ^ | 2/9/04

[pabianice]

DES MOINES, Iowa -- A federal judge on Monday struck down an Iowa law that prohibited convicted sex offenders from living within 2,000 feet of schools and day-care centers.

The Iowa Civil Liberties Union had challenged the constitutionality of the law, claiming it effectively banished offenders from most cities and towns.

Judge Robert Pratt ruled that the 2002 law "unconstitutionally infringes" upon the rights of sex offenders. He issued an order prohibiting the state from enforcing the law, making permanent a temporary restraining order issued last summer.

[sit-rep]

It's obvious to me you don't have kids, or, want kids in a not so normal fashion...

[pax_et_bonum]

I'd like to hear more about the concept that people are born with rights and privileges, but the consequences resulting from choices a person makes can entail losing certain rights and privileges.

Why is it assumed that convicted criminals must retain all of the rights they had before being convicted?

[per loin]

It's obvious to me you don't have kids, or, want kids in a not so normal fashion...

It is obvious to me that not only do you stupidly jump to false conclusions - I've both kids and grandkids - but you also leap quickly to foulest and false insult over someone pointing out that laws, no matter how emotionally satisfying they might be for one to see enacted, ought meet certain standards of coherence. As you mature, you may learn to understand that not all those who disagree with you on any particular point in which you are emotionally, rather than rationally, invested are evil ones.

[goldstategop]

The ACLU will champion pedophiles after its finished taking down crosses in America and making gay marriage mainstream. Having done well on the first two counts, I'm not surprised to see them set up their ducks in a row on behalf of sex offenders.

[per loin]

BTW, I expect an immediate and contrite apology from you for that foul and false insult.

[tj005]

>>>No matter how angry you may be this is exactly why i will never vote for a demonrat or waste a vote on a third party candidate. Left wing legal organizations and judges are the cancer that has led to the erosion of the American culture.<<<


I agree, my vote will never go democrat or third party either

[tj005]

>>If you take a map of the city that you live in, and block out all areas that are within 2000 feet of a school or daycare, what per cent of the city is not blocked out?<<<

I dont live in a small town but given your stated parameters, there are still lots of residential areas left. The problem is that "I" would not want to live within 2000 feet of a sex offender either. I dont believe that repeat sex offenders should be allowed in the general society anyway.

[freeangel]

It would be fun to place them as neighbors of the ACLU lawyers who have small children, also. They are all betting on the fact that these perverts will never be able to live in their neighborhoods. Let's start a fund that will make this possible.

[VadeRetro]

Send sex offenders away for life. Give repeat sex offenders who violate children the chair!

I'll bet the ACL freakin' U wouldn't like that, either.

[per loin]

I dont live in a small town but given your stated parameters, there are still lots of residential areas left. The problem is that "I" would not want to live within 2000 feet of a sex offender either. I dont believe that repeat sex offenders should be allowed in the general society anyway.

I'd agree about repeat sex offenders, if that term is tightly defined. They should be imprisoned or executed.

But the Iowa law does not do that. Instead it singles out a few neighborhoods for the concentration of sex offenders. Suppose a family with several young children lives in such an area. Not only are their property values likely to drop radically, but the danger to their kids is raised by the concentration of sex offenders in their neighborhood. Will Iowa reimburse such a family for the damage that it has caused them?

[ChicagoHebrew]

Nonsense, this is a horrible unconstitutional ex-post facto law. Under the Constitution, whatever punishment society deams fair for sex offenders must be determined prior to their crime. Otherwise you are passing laws to punish people twice.

If we're going to let sex offenders out of prison (and remember, this includes everyone from your pedophiles to a college kid who got convicted of date rape and sent away for 15 years) they better have a place to live on the outside.

This law reminds me of the unconstitutional gun-free school zones act, that prevented anyone from posessing a gun within 1000 feet of a school

[ChicagoHebrew]

Not true. What would happen is that a parent in the area would start a small daycare center in their home or a local store, and kick sex offenders out of this neighborhood too. In fact, whereever a sex offender chose to live (other than maybe an isolated rural farm), someone would start one.

[EGPWS]

I agree, my vote will never go democrat or third party either

My sediments also, for the Democrats know that their agenda is and have promoted it for decades, however the 3rd party wanna be's haven't shown a steadfast agenda worth looking to.

[per loin]

Are you suggesting that the law would then make all sex offenders permanent street people?

[tj005]

>>But the Iowa law does not do that. Instead it singles out a few neighborhoods for the concentration of sex offenders. Suppose a family with several young children lives in such an area. Not only are their property values likely to drop radically, but the danger to their kids is raised by the concentration of sex offenders in their neighborhood. <<<

ok, so maybe I misunderstood your original post, did it indicate that the towns of Iowa are so small that using the 2000 ft no sex offender zone surrounding a school forces the sex offenders to seek residence in a small area of town? which would be the 'few remaining' parts of the town? And, isn't that all that is left for anyone?.... the few remaining parts of town?

[tj005]

>>>however the 3rd party wanna be's haven't shown a steadfast agenda worth looking to.<<<

And does a 3rd party have enough juice to win... or do they just split the vote and water down the chances of our best choice otherwise? I remember the water down process when Klinton got elected. It seemed to me atleast that the split republican vote cost Bush Sr. the election

[Myrddin]

Great. We had a child molester who purchased a house with no back fence and a perfect view of the elementary school grounds out his back window. Nobody was aware of his background when he moved into the house. For some reason that I've since forgotten, the guy did something worthy of a search warrant. When the officers came to his home to serve the warrant, he bolted his door. A few minutes later, a muffled gunshot came from the basement. The officers entered the property. He was found dead of a self-inflicted gunshot. The back bedroom was full of kiddie porn. There was a large set of binoculars on his desk for easy viewing of the children out the back window.

[EGPWS]

It seemed to me atleast that the split republican vote cost Bush Sr. the election

It did however the reason for it wasn't a third party, it was a rhetorical statement made by him, which most of the third party candidates can understand, for their previous campaigns have shown that their base has been created through rhetoric.

"No new taxes"!

With our political structure the way it is, third party candidate's fuel is rhetorical error from mainstream candidates and not vision.

[ChicagoHebrew]

um... yes, i suppose

[Hebrews 11:6]

They are all betting on the fact that these perverts will never be able to live in their neighborhoods.

It's called "NIMBY": Not In My Back Yard. We don't need a fund, just some city councilpeople with some balls and some sense.

What I want to know is, when is someone going to sue the ACLU for their harassment via the courts? A juicy class-action suit by all those they've crossed, and another against Jesse Jackson, might begin leveling the judicial playing field.