reasoning that the Ordinance does not create multiple classes of child sex offenders, because the defense in the Ordinance. Duarte next alleges that the Ordinance deprives him of his constitutional right to equal protection of law in violation of the Fourteenth Amendment. 10 Case: Document: Page: 11 Date Filed: 05/30/2017. City of Lewisville, 136. Gearhart, 741.3d 574, 587 (5th Cir. Lewisvilles explanation for the challenged classification is that it is little more than legislative deference to an existing court order and seeks to avoid potentially conflicting orders. Because the Ordinances challenged classification rationally furthers a legitimate state interest, Nordlinger, 505.S.
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The Ordinance sets forth a number of affirmative defenses, which essentially establish exemptions for eligible individuals. See Douglass,.3d at 142829. 3 While the procedural element of the Due Process Clause protects individuals from the mistaken or unjustified deprivation of life, liberty, or property, Carey.
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Under Texas law, individuals sentenced to a term of The term premises where children commonly gather is defined as including all improved and unimproved areas on the lot where a public park, public playground, private or public school, public or semi-public casual hookup apps swimming pool, public. As the Supreme Court has explained, the fact that. Hinson,.3d 415, 417 (5th Cir. That could provide a rational basis for the classification. However, we need not reach that question. Here, the affirmative defense provided by the Ordinanceand the classification it createsis rationally related to a legitimate government interest in deferring to an existing state court judgment and protecting the expectation and reliance interests of those who have already sought and received a judicial determination. We agree, however, that this classification rationally furthers a legitimate state interest. Miller, 405.3d 700, 709 (8th Cir. 3 Case: Document: Page: 4 Date Filed: 05/30/2017. Download PDF, case: Document: Page: 1 Date Filed: 05/30/2017 IN THE united states court OF appeals FOR THE fifth circuit United States Court of Appeals Fifth Circuit.
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