This is a OLD decision from 2006. It is being posted to show the history behind the Albuquerque City Sex Offender Registry. Since this decision the city has rewritten the registry ordinance to resolve the unconstitutional rulings of this decision. So, read this decision in its proper context.
5-18-2006 New Mexico:
ACLU of New Mexico v City of Albuquerque
Here the court held:
We consolidate the appeals of two cases brought by the American Civil Liberties Union (ACLU) and John Does,
challenging the City of Albuquerque's sex offender ordinances on the grounds that the ordinances violate the New Mexico and Federal Constitutions. We decline to address the issues raised in the older of the cases involving the City's Sex Offender Alert Program (SOAP) because they are moot following the passage of a new state law.
In the second case, we affirm the district court's decision finding various provisions of the Albuquerque Sex Offender Registration and Notification Act (ASORNA) unconstitutional and upholding the remainder of the ordinance. We hold additional registration provisions not specifically addressed by the district court to be unconstitutional.
To understand what parts of the city sex offender ordinance was declared unconstitutional you must read the entire court decision, it is VERY LONG!
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