Wis. court upholds sex offender residency rule

By Associated Press

CREATED Mar. 13, 2013

  • Print

  • Gov. Scott Walker speaks during a press conference at Discovery World on Monday March 11, 2013. Walker spoke about the Lakefront Gateway Project that centers around the intersection of Michigan Street and Lincoln Memorial Drive. The possible improvements to the area include sidewalks, landscaping, medians, pedestrian crossing, and even a pedestrian bridge. - Photo by Mike De Sisti / MDESISTI@JOURNALSENTINEL.COM Image by Mike De Sisti

MADISON, Wis. (AP) -- A state appeals court has upheld a city ordinance that prohibits child sex offenders from living near elementary schools.

Convicted child sex offender Todd Kester moved into a South Milwaukee residence that was within 1,000 feet of Lakeview School in 2010. A Milwaukee County judge ordered him to move.

Kester argued he wasn't given a chance to show he poses no danger to children. He also contended the ordinance unconstitutionally creates additional punishment.

The 1st District Court of Appeals ruled Wednesday Kester has no right to an individual risk assessment and the regulations are designed to protect the community, not punish offenders.

Kester's attorney, Larry Dupuis, says the ruling misses the mark. He says he is considering asking the state Supreme Court to take the case.