Supreme Court of Colorado

Stephen Brett Ryals, Plaintiff-Appellee v. City of Englewood, Defendant-Appellant

January 25, 2016364 P.3d 900

Summary

The court held that Englewood's ordinance restricting where certain sex offenders may reside concerns a mixed state and local matter, so it is valid unless it conflicts with state law. The court concluded that the ordinance does not conflict with Colorado's sex-offender regulatory scheme because no state law requires individualized consideration of an offender's residency and state law recognizes a role for local ordinances in registration decisions. The certified question was therefore answered in the negative and returned for further proceedings. Justice Hood, joined by Justice Gabriel, concurred that the matter was mixed but would have found the ordinance preempted because it materially impedes the state's comprehensive sex-offender scheme.