Case: State v. Jennings

7657 | New Hampshire state trial court

Filed Date: 2007

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Case Summary

On July 30, 2009, Special Justice Mark F. Weaver of the Dover District Court in New Hamshire ruled that the City of Dover's ordinance restricting where convicted sex offenders could live violated the Equal Protection Clause of the the New Hampshire Constitution. Applying the intermediate scrutiny test, the judge held that the city had failed to show a causal connection between the residency restrictions and the protection of minors.In 2005, the City of Dover passed an ordinance that registered…

On July 30, 2009, Special Justice Mark F. Weaver of the Dover District Court in New Hamshire ruled that the City of Dover's ordinance restricting where convicted sex offenders could live violated the Equal Protection Clause of the the New Hampshire Constitution. Applying the intermediate scrutiny test, the judge held that the city had failed to show a causal connection between the residency restrictions and the protection of minors.

In 2005, the City of Dover passed an ordinance that registered sex offenders could not reside within 2500 feet of a school or daycare center. This made much of the city unlivable for registered sex offenders.

The defendant was arrested on a violation of the ordinance, and argued that the ordinance was ultra vires, that it was preempted by the State of New Hampshire's law, and that it violated his substantive due process rights. The Court found all of those grounds lacking, but held that the ordinance was unconstitutional because it violated the Equal Protection Clause.

Accordingly, the Court dismissed the charges pending against the defendant.

Summary Authors

Blase Kearney (5/15/2012)

People


Judge(s)

Weaver, Mark F. (New Hampshire)

Judge(s)

Weaver, Mark F. (New Hampshire)

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Documents in the Clearinghouse

Document

7679

Opinion and Order

July 30, 2009

July 30, 2009

Order/Opinion

Docket

Last updated Aug. 30, 2023, 3:22 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Hampshire

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Convicted sex offender challenging city residency restrictions.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Dover (Dover, Strafford), City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Sex offender regulation