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.

[pabianice]

The ACLU will fight to make sure that no sexual offender be "unnecessarily" registered (Iowa). Meanwhile, the ACLU supports laws requiring law-abiding gun owners to notify the police before they can move (Massachusetts).

[per loin]

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?

[satchmodog9]

I know there are a lot of conservatives mad at the president over many of his policies. 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.

[Hebrews 11:6]

This isn't that hard: find where a child lives who is meaningful to this judge, a grandchild perhaps, condemn the house next door by eminent domain, and turn it into a halfway house for repeat sex offenders.

[cyborg]

Waiting for child molesters to be given the right to move into these people's neighborhoods.

[SandRat]

Then the first time one of the offenders hurts a kid from a school they live next to, the populace should go grab the ACLU scum and drag his butt to the ER room as the Assault evidence is being collected or the morgue and make him watch the entire autopsy. Then stand him in the dock with the pervert on accessory before the fact charges to the crime.

[Indie]

Pratt, Robert W.
Born 1947 in Emmetsburg, IA

Federal Judicial Service:

U. S. District Court, Southern District of Iowa
Nominated by William J. Clinton on January 7, 1997, to a seat vacated by Harold D. Vietor;
Confirmed by the Senate on May 23, 1997, and received commission on May 27, 1997.

Education:
Iowa Lakes Community College, A.A., 1967
Loras College, B.A., 1969
Creighton University School of Law, J.D., 1972

Professional Career:
Staff attorney, Polk County Legal Aid Society, Iowa, 1973-1974
Private practice, Des Moines, Iowa, 1975-1997

Race or Ethnicity: White

Gender: Male

[AEMILIUS PAULUS]

The doctrine of abstract rights in action. "When everybody has rights, then no one has rights."-A Great Historian 1888

[FormerACLUmember]

No comment except my poster name.

[Catspaw]

The ACLU will fight to have sex offenders live next to schools, but I'd love to see their reaction if sex offenders moved in next to THEM.

[Lunatic Fringe]

Registering and banning sex offenders from certain areas of a city are BOTH, IMO, unneccesary and unconstitutional.

If a person is THAT much of a threat, what the hell are they doing out of prison?!

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

[Bob J]

Race or Ethnicity: White

"White" is a race?

[Viking2002]

God help the maggot that would walk up to me and say they represent the ACLU.

[Jimbaugh]

Anyone want to bet that the judge is a homo?

[Jimbaugh]

Same Judge Different Year.

Reproductive freedom

U.S District judge Robert Pratt issued a permanent injunction against the abortion ban that sailed through our legislature last year to be signed into law by Governor Branstad on the grounds that it was unconstitutionally vague and violated the right to privacy. Governor Vilsack wasted no time in urging Attorney General Tom Miller to appeal the ruling, which means that any initiatives to amend and clarify the so-called partial birth abortion law will be put on hold until after the conclusion of the court case. However, we can expect conservatives to continue their tradition of eroding away at the Roe v. Wade decision by finding other ways to attack access to family planning services.

[Jimbaugh]

Check out these judges and be afraid.

Clinton, Reno, Others to Join Justice Ginsburg at ACS National Convention http://www.acslaw.org/News.htm

ACS held its first National Convention on August 1-3, 2003, at the Capital Hilton in Washington, D.C. Justice Ruth Bader Ginsburg will address the convention spoke at a dinner on August 2.

Others participants at the ACS National Convention include: Justice Ruth Bader Ginsburg; Judges Richard Arnold, Rosemary Barkett. Deborah Batts, Helen Berrigan, Guido Calabresi, William Fletcher, John Gibbons, J. Michael Luttig, Boyce Martin, Theodore McKee, Abner Mikva, Diana Gribbon Motz, Robert Pratt, Louis Oberdorfer, Stephen Reinhardt, David Tatel, and Patricia Wald; Senators Hillary Rodham Clinton, Maria Cantwell and Charles Mathias; and Jonathan Adler, Nan Aron, Fred Baron, Paul Begala, James Bopp, Alan Brinkley, Carol Browner, Ira Burnim, Elizabeth Cabraser, Bradley Campbell, Erwin Chemerinsky, Daniel Collins, Joseph Curran, Angela Davis, Drew Days, Walter Dellinger, Maria Echaveste, Christopher Edley, William Eskridge, Cynthia Estlund, Martin Flaherty, Connie Garner, Suzanne Goldberg, Willis Goldsmith, Marcia Greenberger, Kent Greenfield, Jim Hecker, Wade Henderson, Antonia Hernandez, Jon Hiatt, Eric Holder, Dawn Johnsen, Elaine Jones, Elena Kagan, Pamela Karlan, Sally Katzen, Bill Lann Lee, Judy Lichtman, Goodwin Liu, William Marshall, Ray Marshall, Suzanne Martinez, Arlene Mayerson, Frank Michelman, Kate Michelman, Paul Miller, Cheryl Mills, Alan Morrison, Ralph Neas, Gene Nichol, Beth Nolan, Spencer Overton, Deval Patrick, John Payton, John Podesta, Michael Posner, Robert Post, Janet Reno, Anthony Romero, Teresa Wynn Roseborough, Jed Rubenfeld, Laurie Rubiner, Diann Rust-Tierney, Christopher Schroeder, Victor Schwartz, Reva Siegel, Anne-Marie Slaughter, Paul Smith, Gene Sperling, Bryan Stevenson, Nadine Strossen, Daniel Tarullo, James Tierney, Tony Varona, Rob Weiner, Roger Wilkins and Evan Wolfson.

[Jimbaugh]

There is no connection to liberals and child molesters is there?

ACS Summer Washington Event at Georgetown July 23, 2002

http://www.georgetownacs.org/pastevents.html

Senator Hillary Rodham Clinton , Democrat of New York, headlined the American Constitution Society's Second Annual Summer Washington Event on July 23. The event, entitled "The Rehnquist Court: What's Next?" also featured U.S. District Judge Robert Pratt of Iowa and former D.C. Corporation Counsel John Payton . Former Sixth Circuit Judge Nathaniel Jones , whose flight from Cincinnati to DC was, unfortunately, delayed for hours, arrived in time to deliver eloquent remarks at the reception that followed the formal speaking program. The event drew a huge, overflow crowd of judges, lawyers, professors, students, and others. You can read the transcript of the entire evening here, including introductory remarks by ACS Executive Director David Halperin and ACS President Peter Rubin and speaker introductions by ACS campus chapter leaders Shahid Buttar, Jennifer Hunter, Juliet Choi, and Joi Chaney, or read the transcript of just Senator Clinton's remarks

[trebb]

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?

Your point? Sex offenders have a habit of offending again and again, and all too often it ends up in a real tragedy - why should they expect to find convenient housing?

[per loin]

It's not a case of finding convenient housing, but of writing coherent law. As a quick exercise, I did a few rough calculations for the city I live in. The city extends over 48 square miles. A circle of 2000 foot radius encloses an area of .45 square miles. Ignoring for the moment, overlap and closest-possible-packing difficulties, my city consists of an area equal to about 107 such circles. My city has 56 public schools, and about 60 listed day care centers, plus private schools, church schools, employer provided day cares etc. In short, the theoretical area enclosed within the "banning" circles exceeds the area of the city. In practical terms what this likely means is that there are a few small areas in my city in which sex offenders could live if we had such a law here. What happens to the property values in such areas? Does the State of Iowa reimburse property owners in such sections in Iowa cities? Or do the property owners in such areas set up a small day care center to protect their property values?

[Indie]

LOL! Yeah I just noticed that!

[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.

[FreedomCalls]

A circle of 2000 foot radius encloses an area of .45 square miles.

Most house lots exceed that size here in my area of Texas. Such a law would have little effect here.

[freeangel]

Until these bleedingg hearts are affected up close and personal, they will continue to place these deviants in your(and my) backyard.

[sweetliberty]

Wait a minute....you're telling me that one SOB judge just completely overturns a law without any legislative process at all? Will somebody please tell me why these legislatuors are putting up with it? Is this a*****e a Clinton appointee? Why isn't he impeached? Isn't a just a little bit obvious that he is overstepping his bounds?

[sarasmom]

Do you also think that permanent restrictions on released from incarceration convicted felons, ie voting rights, potential future job opportunities, and gun ownership are too onerous and constitute excessive punishment?

Trying to see your angle here.