COA upholds Plainfield parks ban

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The Town of Plainfield, Indiana (“Plainfield”), enacted Ordinance 16-2002 (the “Ordinance”) prohibiting individuals such as John Doe, who are listed on the Indiana sex and violent offender registry, from entering Plainfield’s parks and recreation areas. On appeal from the trial court’s grant of summary judgment in favor of Plainfield (as well as the denial of Doe’s motion for summary judgment), Doe argues the Ordinance violates Article I, Sections 1, 12, and 24, of the Indiana Constitution on its face.

Conclusion (slip op. at 20):  Section 18 does not violate Article I, Sections 1, 12, and 24, of the Indiana Constitution on its face. As such, the trial court properly granted summary judgment in favor of Plainfield and against Doe. Affirmed.

Key Analysis (slip op. at 10):  The rights guaranteed (or, perhaps more accurately, the natural rights recognized as inalienable) in Article I, Section 1, are expressed in language so broad – “life, liberty, and the pursuit of happiness,” among other rights – that it is impossible to conclude from the text itself that the provision recognizes, as a core value, the right to enter public parks for legitimate purposes.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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