Cases & Deals

Residence restrictions to sex offenders do not apply to client who had been convicted long before those restrictions were enacted

Clients Client DS

With supervision from Dennis Murphy, of Jones Day Cleveland, Ashlie Case completed representation of a sex offender from Parma. The city sued to evict him because his home was located within 1,000 feet of a school. He was convicted, however, long before the law establishing the residency restriction was enacted. We appealed after an injunction was entered by the trial court, but Parma subsequently submitted a notice to the state appeals court conceding that our position was correct: the state cannot retroactively enhance the penalty for our client's offenses and thus the residency restriction is not applicable to him. The injunction was vacated by the trial court and our client can stay in his home.