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The city argues that the residency restriction is meant to “promote, protect and improve the health, safety and welfare of the citizens of the city.” The lawsuit contends there is no sound evidence that residency restrictions improve public safety or prevent recidivism.The city argues the lawsuit should be dismissed because the 8th Circuit Court already has ruled that residency restrictions for sex offenders are constitutional.The list, courtesy of the Minnesota Department of Corrections, is organized by year of implementation.
In 2014, Evenstad was charged with stalking or threatening several people involved in his rape conviction, including the victim, the Hennepin County prosecutor and the judge. Then he was told the home is within 1,200 feet of both a daycare and a group home. Paul is among 84 cities, townships or counties in Minnesota with residency restrictions for sex offenders, according to the Department of Corrections. Paul’s is “extremely broad,” said Adele Nicholas, a Chicago civil rights attorney who agreed to take on Evenstad’s lawsuit.
He pleaded guilty in Ramsey County District Court to stalking charges in five cases, and was placed on probation for 20 years and ordered to remove websites he had created in his victims’ names. Whereas most local “predatory offender” ordinances ban Level 3 sex offenders from living within a certain distance of places where children congregate, West St. The city’s inclusion of group homes is also rare, she said. Paul is saying there are 38 (group homes) in the city limits and that no one can live within 1,200 of feet,” she said.
A jury found Evenstad guilty of raping an 18-year-old Richfield woman he met through a telephone dating chatline.
Before he was released from prison in 2008, he was assessed to be a Level 1 offender, meaning he is least likely to re-offend.
Before they are released from prison, Minnesota sex offenders are assessed by a panel of experts to determine how likely they are to re-offend.
Level 3 is considered the highest risk for re-offending.Before 2015, when Brooklyn Center passed an ordinance, no metro-area cities restricted where sex offenders could live.After Brooklyn Center enacted its ordinance, Columbia Heights and other nearby Anoka communities quickly followed suit.In April, Nicholas and her co-counsel, Mark Weinberg, were successful in a federal lawsuit that challenged a sex offender ordinance in Pleasant Prairie, Wis.They have filed similar lawsuits this year in Wisconsin, including one against the city of Milwaukee, on behalf of sex offenders.“It has become a snowball effect,” said Michele Murphy, program director for the risk assessment and community notification unit at the Department of Corrections.