Dist. Ct. did not err in granting defendants’ motion for summary judgment in plaintiff’s action alleging that Indiana statute, which prohibits “serious sexual offenders” like plaintiff from entering public schools, violates his right to vote under 1st and 14th Amendments, where said statute precludes him from voting at applicable voting poll place that is located within public school. Plaintiff, as felon, does not have constitutional right to vote, where section 2 of 14th Amendment gives States “affirmative sanction” to exclude felons from voting, and although plaintiff had statutory right to vote that was limited by instant statute, Indiana statute precluding him from entering public school, while giving him alternative means to vote, satisfied rational basis test, where Indiana has legitimate purpose of keeping serious sex offenders away from schools, and instant ban covered only serious sex offenders from entering school property. Also, plaintiff failed to provide any data to support claim that sex offenders are not more likely to recidivate than other types of criminals.
Federal 7th Circuit Court
Civil Court
First Amendment