ACLU challenges Jeffersonville's sex-offender ordinance

Clark County

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August 26, 2008

ACLU challenges Jeffersonville's sex-offender ordinance

By MATT THACKER The News and Tribune Tue Aug 26, 2008, 12:08 PM EDT

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.”