Mr. Silvis wins appeal in the 8th District Court of Appeals based on ex post factor clause
Clients Client S
Jones Day represented a sex offender whom the nearby suburb of Parma sought to evict from his home based on Ohio's sex-offender residency restriction, which prohibits registered sex offenders from residing within 1,000 feet of a school. Mr. Silvis was convicted of his crimes in 1988, but the residency restriction was not passed until 2003, and was not part of Mr. Silvis' punishment when he committed his offenses. The Cuyahoga County Court of Common Pleas granted an injunction precluding him from living in his home. Mr. Silvis appealed to the 8th District Court of Appeals, raising arguments under the federal constitution's ex post facto clause and the Ohio constitution's retroactivity clause. After the appeal was briefed, but prior to oral argument, Parma conceded that the ban could not be applied retroactively to Mr. Silvis under Ohio Supreme Court precedent. The injunction was vacated and Mr. Silvis can remain in his home.
City of Parma v. Silvis