DOE v. CITY OF ALBUQUERQUE

No. 10-2102.

667 F.3d 1111 (2012)

John DOE, Plaintiff-Appellee, v. CITY OF ALBUQUERQUE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 20, 2012.


Attorney(s) appearing for the Case

Gregory S. Wheeler , Assistant City Attorney for the City of Albuquerque ( Robert J. Perry , City Attorney; Peter H. Pierotti , Assistant City Attorney, with him on the brief), Albuquerque, NM, for Defendant-Appellant.

Brendan K. Egan of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu LLP, Santa Fe, NM, ( Richard W. Hughes of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu LLP, Santa Fe, NM; Laura Schauer Ives , Managing Attorney, ACLU of New Mexico, Albuquerque, NM; Maureen A. Sanders of Sanders & Westbrook, PC, Albuquerque, NM, with him on the brief), for Plaintiff-Appellant.

Before BRISCOE, Chief Judge, EBEL and O'BRIEN, Circuit Judges.


EBEL, Circuit Judge.

This appeal presents us with a difficult issue of first impression. John Doe, a registered sex offender, brought a facial challenge under the First and Fourteenth Amendments to a ban enacted by the City of Albuquerque that prohibited registered sex offenders from entering the City's public libraries. The district court denied a motion to dismiss brought by the City and ultimately granted summary judgment in favor of Doe. The court concluded that...

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