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DOE v. MILLER

No. 04-1568.

405 F.3d 700 (2005)

John DOE, I, on their own behalf and as representatives of the class of all sex offenders in the State of Iowa; John Doe, II, on their own behalf and as representatives of the class of all sex offenders in the State of Iowa; John Doe, III, on their own behalf and as representatives of the class of all sex offenders in the State of Iowa, Appellees, v. Tom MILLER, Iowa Attorney General; Appellant. J. Patrick White, as representatives of the class of all county attorneys in Iowa; Michael Wolf, as representatives of the class of all county attorneys in Iowa, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 29, 2005.

Attorney(s) appearing for the Case

Gordon Eugene Allen, argued, Des Moines, IA (Thomas J. Miller, on the brief), for appellant.

Philip B. Mears, argued, Iowa City, IA (Randall Wilson, on the brief), for appellee.

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

In 2002, in an effort to protect children in Iowa from the risk that convicted sex offenders may reoffend in locations close to their residences, the Iowa General Assembly passed, and the Governor of Iowa signed, a bill that prohibits a person convicted of certain sex offenses involving minors from residing within 2000 feet of a school or a registered child care facility. The district court declared the statute unconstitutional on several...

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