By Scott Harvey
Commerce – The City of Commerce has spent over $50,000 ($57,308 as of June 9) in tax payer money to date on attorney's fees for its current sex offender lawsuit; John Doe 7 vs. City of Commerce. In this multi-part series, KETR will explain why the litigation continues and no settlement reached, despite the amount of tax-payer money being spent.
The ordinance was approved in November, 2007 and the lawsuit filed a few months later. The ordinance is currently not being enforced.
David Davis is the attorney for John Doe 7. He says his client claims the original ordinance goes too far.
"This is a lawsuit challenging the extreme overreach of an ordinance that is based not of fact, not on current research, but on fallacy and rumor," says Davis. "It's not supported by the current body of scientific evidence."
The original ordinance states that registered sex offenders are restricted from living within 1,000 feet of real property comprising a college, school, daycare facility, park or playground. Those already living within the boundary would not be required to move.
The ordinance also restricts child sex offenders from being present in any of those areas as well as any public festival or celebration; plus prohibits loitering on a public way within 300 feet of the aforementioned locations.
"There are one or two aspects of the ordinance that are pulled from throughout different cities across the state," says Davis. "There is not one city that has, to my knowledge, the overreaching aspect of this specific ordinance. That's what makes it so offensive is that it is in effect trying to bar someone from the community."
According to Davis, his client also contends the ordinance is too vague and sometimes confusing in its definitions of items like loiter and public way.
On April 30, a mediation hearing was held between the two parties, at which time a settlement was discussed and agreed to be brought before the council for consideration. Attending the mediation hearing for the City of Commerce was: City Attorney Jim McLeroy, Attorney Joe Tooley, City Manager Dion Miller, Mayor Quay Throgmorton and Mayor Pro Tem Billie Biggerstaff. For the plaintiff, attending was John Doe 7 and his attorney, David Davis. No action, however, was taken on the item at the city's June 2 meeting. The suit is now scheduled to go to trial in November.
City Manager Dion Miller, Mayor Quay Throgmorton and some members of council have stated that if the lawsuit goes to trial, the city could spend as high as $150,000 in tax payer money.
If a settlement was approved on June 2, a revised ordinance would have been considered.
KETR has obtained a copy of the revised ordinance and will compare both the original and revision throughout our series. Also later this week, we'll hear from council members as to why there's been no settlement, and why Commerce citizens will continue to foot the bill.
KETR has also requested a copy of the mediation agreement through an open records request. City Attorney Jim McLeroy as of Monday had not returned our calls regarding the request, nor to address further questioning regarding the lawsuit.
In our research, several members of the city have stated that the lawsuit is the first of its kind regarding a sex offender ordinance for the State of Texas. City Manager Miller says the suit will be a test case for Texas.