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STANDLEY v. TOWN OF WOODFIN

No. 531A07.

661 S.E.2d 728 (2008)

David STANDLEY v. TOWN OF WOODFIN, an incorporated municipality in the State of North Carolina; and Brett Holloman, Chief of Police, in his official capacity.

Supreme Court of North Carolina.

June 12, 2008.

Attorney(s) appearing for the Case

American Civil Liberties Union of North Carolina Legal Foundation, by Katherine Lewis Parker, Legal Director; and Cloninger, Elmore, Hensley & Searson, P.L.L.C., by Bruce Elmore, Jr., Asheville, Cooperating Attorney for American Civil Liberties Union of North Carolina Legal Foundation, for plaintiff-appellant.

Ferikes & Bleynat, PLLC, by Joseph A. Ferikes, Asheville, for defendant-appellees.

BRADY, Justice.

On 19 April 2005, defendant Town of Woodfin (Woodfin) enacted Woodfin Town Ordinance Section 130.03 (the ordinance), which prohibited registered sex offenders, such as plaintiff, from knowingly entering any "public park owned, operated, or maintained" by Woodfin. Plaintiff asserts this ordinance is unconstitutional as violative of the due process right to intrastate travel. We disagree, and therefore affirm the decision of the Court of Appeals.

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