In a first-of-its-kind ruling, the U.S. Court of Appeals for the Fifth Circuit has ruled that a sex offender and his family have standing to challenge an ordinance that all but prohibited them from living in Lewisville because the law prevents the father from living within 1,500 feet of where children gather.
“What the Fifth Circuit ruled … was that not only does a sex offender have standing to challenge the Lewisville ordinance, but family members of the sex offender also have standing to sue for damages for enforcement of the ordinance based upon the interference with their constitutional right to live together with the sex offender as a family. And it’s the first case in the nation that’s ruled that way,” said Richard Gladden, a Denton solo who represents the family that has filed a civil rights complaint against the city seeking damages and injunctive relief under U.S.C. §1983.
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