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2010AP2167 Village of Menomonee Falls v. Ferguson

By: WISCONSIN LAW JOURNAL STAFF//April 27, 2011//

2010AP2167 Village of Menomonee Falls v. Ferguson

By: WISCONSIN LAW JOURNAL STAFF//April 27, 2011//

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Municipalities
Sex offender registries; grandfather clauses

A registered sex offender who may stay at one residence pursuant to a grandfather clause may not move to another residence within the residency restriction.

“[I]f this court were to interpret the Village Ordinance’s grandfather clause to apply to Ferguson as an individual instead of his residence, the purpose of the Village Ordinance would be undermined.  The purpose and intent behind the Village Ordinance is to address recidivism ‘reducing opportunity and emptation’ for sex offenders and ‘to protect children where they congregate or play in public places.’ Village of Menomonee Falls, Wis., Code of Ordinances § 62-51(a)(1).  To achieve the ordinance’s purpose and intent, ‘certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence’ in areas around locations ‘where children regularly congregate in concentrated numbers.’ Sec. 62-51(a)(2).  Several municipalities surrounding the Village of Menomonee Falls passed sex offender residency restriction ordinances with language similar to that of the Village Ordinance, including its grandfather clause exception.  See generally City of Brookfield, Wis., Municipal Code § 9.34.030 (2011); Village of Brown Deer, Wis., Code of Ordinances § 34-3 (2010); Village of Germantown, Wis., Municipal Code § 9.50 (2010).”

“We agree with the rationale of the Iowa Supreme Court in Finders.  If we were to interpret the Village Ordinance’s grandfather clause exception to extend to an individual sex offender instead of his or her residence, it would lead to an absurd result undermining the very purpose of the Village Ordinance.

We will not adopt such an absurd interpretation.”

Affirmed.

Recommended for publication in the official reports.

2010AP2167 Village of Menomonee Falls v. Ferguson

Dist. II, Waukesha County, Van De Water, J., Anderson, J.

Attorneys: For Plaintiff: H. Stanley Riffle, Rick D. Trindl, Julie A. Aquavia, Waukesha; For Defendant: Daniel P. Fay, Pewaukee

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