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.

Blase Kearney - 05/15/2012


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