A federal lawsuit is challenging restrictions on registered child sex offenders, saying preventing them from visiting such places as libraries or from taking part in trick-or-treating is a violation of their rights.
The civil case was filed Monday in the Northern District of Illinois on behalf of six registered child sex offenders — five men and one woman. The lawsuit contends the rules should not be enforced because they are constitutionally vague and restrictive.
“The law requires child sex offenders to remain away from a broad range of vaguely defined locations, thereby preventing those subject to its restrictions from going to church, going to public libraries, raising their families, and meaningfully participating in many recreational and social activities,” according to the action.
The case was filed against Attorney General Lisa Madigan and Illinois State Police Director Leo Schmitz. Neither had seen the lawsuit Monday, according to The Associated Press.
The lawsuit specifically challenges four statutes: One that prohibits a child sex offender from knowingly being present at any “facility providing programs or services exclusively directed toward persons under the age of 18”; one prohibiting offenders from participating “in a holiday event involving children” — such as distributing candy on Halloween or wearing a Santa Claus outfit at Christmas or an Easter Bunny costume at Easter; one that restricts a child sex offender or a sexual predator from being in public parks or park buildings; and one that prohibits them from “loitering within 500 feet of a school building or real property comprising any school” while children are present.
None of the offenders is identified by name, but most are living in central or northern Illinois. The 19-page lawsuit says none of those suing has re-offended.
One of the plaintiffs, a 50-year-old Morton Grove resident, says he is in fear of being arrested if he attends his town’s Fourth of July parade or an annual family picnic because he is unsure of the “meaning or extent” of the law.
A 52-year-old Freeport resident who is part of the legal action says he is unable to attend services or other activities at his church because there is a nursery and playground at the church.
“Each of the plaintiffs in this case is harmed by the statute’s undue restrictions on activities protected by the Constitution’s guarantees of freedom of religion, freedom of association, freedom to raise one’s children and freedom of speech,” according to the lawsuit. “Each of the challenged provisions violates the Constitution by failing to provide sufficient guidance to law enforcement officials and prosecutors, encouraging arbitrary enforcement, [and] impermissibly interferes with fundamental liberties.”
