Kopf v. Kelly

Summary

The court held that the statutory residency restriction for child sex offenders is facially constitutional because it does not burden a fundamental right, discriminate against a suspect class, and bears a rational relationship to protecting children. The court vacated the as-applied ruling and permanent injunction because the circuit court made that determination without an evidentiary record, reversed the facial-unconstitutionality ruling, and affirmed dismissal of the remaining claims. The court remanded for an evidentiary hearing on the plaintiff's as-applied substantive-due-process and equal-protection claims.