Suit alleges sex offender residency restrictions are not constitutional

3-21-15 Texas:

The city of Krum was presented with a lawsuit Friday morning that alleges its sex offender residency restrictions are unconstitutional.

Attorney Richard Gladden is representing 22-year-old Denton resident Taylor Rice in the lawsuit. Gladden said Rice was convicted last year of sexual assault of a child in Tarrant County.

Gladden said Rice grew up in Krum, but because of the city’s Sex Offender Registry Restriction Ordinance, he was ordered to leave his parents’ house in November.

The ordinance, adopted by the city in January 2012, states “it is unlawful for a sex offender to establish a permanent residence or temporary residence within 2,000 feet of any premises where children commonly gather.”

Violation of the ordinance is a misdemeanor, and the city can assess a fine of up to $500.

According to the suit, Rice alleges he was “maliciously threatened” by Krum police officers who were enforcing the city’s residency restrictions and was told if he did not vacate immediately, he would be subject to a fine of $500 for each day he stayed at the address.

Gladden said he understands there are restrictions set in court prohibiting a sex offender from living within 500 to 1,000 feet from children, but extending the restriction to 2,000 feet makes it difficult to find a place to live, especially in a small town.

“You have McDonald’s, the apartment swimming pool, the playground ... all those places they can claim children gather,” Gladden said. “What’s important here, though, is that this city is forcing something they legally can’t force.”


The suit cites a March 2007 ruling from then-Attorney General Greg Abbott that “general-law” cities such as Krum do not have the legal authority to enact sex offender residency restriction ordinances under the Texas Constitution.

The opinion states that Abbott “found no law authorizing a general-law municipality to adopt this type of residence restriction [ordinance]. Thus, unless the Legislature expressly authorizes it, a general-law municipality may not adopt an ordinance restricting where a registered sex offender may live.”

In Texas, a general-law city is one with a population of less than 5,000, and the suit presented to officials Friday says Krum has a population of 4,157.

The court documents state that no legislative authority has been enacted by the Legislature since the issuance of the attorney general’s opinion.

“We aren’t asking for damages right now, just attorney fees, but this can cost a lot more before it’s all said and done,” Gladden said. “I gave them advance warning and they continue to uphold something that’s null and void.”

Lance Vanzant, of Denton-based firm Hayes, Berry, White and Vanzant, has been representing the city of Krum for about 10 years, he said. Vanzant confirmed he received a letter on the ordinance issue from Gladden in January.

Vanzant said he hasn’t had a chance to fully review the suit and he generally doesn’t talk to journalists about pending litigation.

Gladden said he is unsure of how many other small general-law towns in Texas have similar ordinances, but he is having someone research the issue.

“I am assuming there will be more, and I am prepared to take them on if someone asks,” he said. ..Source.. by MEGAN GRAY-HATFIELD