Filed Date: 2007
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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)
Weaver, Mark F. (New Hampshire)
Weaver, Mark F. (New Hampshire)
Last updated Aug. 30, 2023, 3:22 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New Hampshire
Case Type(s):
Key Dates
Filing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Convicted sex offender challenging city residency restrictions.
Plaintiff Type(s):
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:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Issues
General: