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Wednesday, September 28, 2005

Ind. Decisions - Federal judge upholds parks ban on molester

The South Bend Tribune reports today that:

Michigan City's ban on convicted child molester Robert E. Brown from its public parks has been upheld in federal court. * * *

Robert L. Miller Jr., a judge in U.S. District Court in South Bend, ruled last week the Parks Department acted within its bounds when it passed a resolution in 2002 prohibiting Brown from the parks.

Among Brown's arguments were that the resolution violated his right to due process as well as his civil liberties by being labeled a threat to children. * * *

In his 27-page ruling, Miller said Brown's right to due process was not violated because he was given a chance to answer to the allegations at the public meeting.

And, Miller wrote, even though 24 hours' notice may not be sufficient, Brown failed to attend the meeting or attempt to show that he lacked adequate time to mount a defense to the accusations.

Brown denied posing any threat but Miller labeled his activities "suspicious" and grounds for the city to look out for the best interests of children.

This decision is reminiscent of John Doe v. City of Lafayette, where, as reported in this ILB entry from 2/24/05, "In a split en banc decision from July 30, 2004, the 7th Circuit affirmed 8-3 Judge Sharp's (ND Ind.) ruling upholding the City of Lafayette's lifetime banning of convicted sex offender Doe from the City's parks."

The case is Robert Brown v. City of Michigan City (ND Ind., 9/19/05), available, via the ILB, here.

Posted by Marcia Oddi on September 28, 2005 12:19 PM
Posted to Ind Fed D.Ct. Decisions