Contact: media aclu. The Court will moinea decide by the end of the year whether to hear the case. As the second state in the nation to pass such a law, Iowa restricts nearly every registered sex offender from residing within 2, feet of a school, day care facility or registered in-home childcare provider.
When the law went into effect in Julythe ICLU quickly filed a class-action lawsuit on behalf of all affected sex offenders and succeeded in getting a ruling from U. This past summer, a three-judge panel of the United States Court of Appeals overturned the ruling.
The full court of appeals declined to iowz the case by a one-vote margin. The ICLU maintains that the residency restrictions are ineffective because they do not focus on offenders who are a threat to small children and do not prevent predators from traveling to areas where children could be abducted.
At the same time, the statute amounts to the unconstitutional punishment of "banishment," the ICLU said. Indeed, maps of Des Moines and many Iowa municipalities show there is hardly anywhere for a sex offender to live. Typically entire cities are blocked off because of the and size of circles drawn around targeted moinea and homes.
Since September 1 of this year, law enforcement sex. have been scrambling to commence enforcement of the law. Most jurisdictions have been sending law enforcement officers to the doors of registered sex offenders telling them they have to move or face arrest.
The ICLU said it is important for people to realize that the law is sweeping in whom it covers, both in scope and time. And, perhaps most ificantly, the law has no time limit -- middle-aged fathers with wives and children moinez have had no criminal convictions for decades are being forced to leave their families. In fact, it has been reported that the eastern Iowa town of Ely, which did not have a school or day care, passed an ordinance banning sex offenders from residing in nearly the entire town.
Similar legislation is being passed or proposed in dex. states. Susan Goldstein, who recently introduced such a bill in the Florida legislature, said the goal is "to get these people out of our neighborhoods and hopefully out of our state.
Miller, et al. The case was originally filed in the U. Related Issues.