Doe v. City of Albuquerque, No. 10-2102 (10th Cir. 2012)
Annotate this CaseThis was a case of first impression for the Court. 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 the ban burdened Doe's fundamental right to receive information under the First Amendment and that the City failed sufficiently to controvert Doe's contention on summary judgment that the ban did not satisfy the time, place, or manner test applicable to restrictions in a designated public forum. The City appealed both the denial of its motion to dismiss and the grant of Doe's summary judgment motion. The City, relying on a mistaken interpretation of case law regarding facial challenges, erroneously contended that it had no burden to respond to Doe's motion. Consequently, the City failed to present any reasons for its ban. "Had the City done so, it is not difficult to imagine that the ban might have survived Doe's challenge," because the Court recognized the City's "significant interest in providing a safe environment for its library patrons, especially children." However, with no response, the Court was "bound by the record" and affirmed the district court's decision in favor of Doe.
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