Published: April 08, 2008 11:29 am            

City of Commerce suspends enforcement of sex offender ordinance

Action taken in response to federal lawsuit

Officials with the City of Commerce have agreed to suspend enforcement of the recently enacted ordinance which regulates where sex offenders may reside within the city limits, while a federal court determines whether the measure is unconstitutional.

The decision is in response to a lawsuit filed against the city in the United States District Court, Northern District of Texas, Dallas Division. The suit claims a “John Doe” plaintiff alleged the ordinance is void and punitive in nature and therefore facially unconstitutional, that it is in violation of due process and impairs the plaintiff’s property rights.

The ordinance passed by the Commerce City Council last November prohibits all sex offenders — not just those required to register legally — from living within 1,000 feet of a school, college, daycare facility, park or playground. The ordinance also restricts sex offenders from loitering in public within 300 feet of all of the above locations.

Dallas attorney David D. Davis filed the suit in February on behalf of the unnamed plaintiff, seeking a temporary restraining order and a permanent injunction against the ordinance and asking the court to declare the ordinance unconstitutional and otherwise contrary to applicable federal and state law.

On March 18, both the plaintiff and the City of Commerce signed off on a stipulation before the federal court, agreeing that the city will refrain from enforcing the ordinance. The stipulation, while not an admission of guilt on either side, will “remain in effect during the pendency of the instant litigation subject to further Order of the Court.”

When contacted Thursday, Davis said there currently no additional hearings scheduled in the court regarding the status of the suit.

“We’re just trying to see where we may be going with this,” Davis said.

Interim Commerce City Manager Marc Clayton could not be reached for comment April 3.

        

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