Update: Aurora, IL asked to rescind eviction of registrants at Wayside Cross

UPDATE 2: A suit has now been filed; this report comes from Illinois Voices.

Mark Weinberg and Adele Nicholas filed suit against the city of Aurora July 19 in the US District Court for the Northeastern District of Illinois Eastern Division:
This case is filed on behalf of 19 named individuals in the suit who are being forced to move from the Wayside Cross Ministries facility due to its supposed 500 foot proximity to a “playground.”  18 plaintiffs were given until July 26, 2019 to move out and one until August 15, 2019.
The City of Aurora is being challenged on First Amendment rights and for declaratory judgment. See complaint here.

By Will M . . . Although a lawsuit has not yet been filed in this case, attorneys have agreed to represent 19 individuals who have been told by the city of Aurora that they have to move out of their residence at Wayside Cross Ministries within 30 days or face prison time for violating the sex offender registration act. The city said they had been incorrectly measuring distance, and now that they have corrected their methods, Wayside falls within 500 feet of both a playground and a daycare. Wayside is contending that the distance from the building that is the residence hall is more than 500 feet away from both, but the city is measuring from the line of the property that also includes a  chapel and a resale store located in a separate building on the same parcel. The buildings have different addresses but are all owned by Wayside Cross.

The attorneys sent a letter to the Aurora police department (who issued the eviction letters) asking them to rescind the order. An attorney for the city responded, saying that the letter was not an eviction letter but simply notice that the men were in violation of the law by residing too close to a playground and daycare. The city maintains that it is not the city that will enforce the law, but rather the state’s attorney.

Wayside Cross Ministries has retained an attorney to represent its interests, while Ms. Nicholas and Mr. Weinberg are representing the interests of the 19 individuals who have been told to move. The attorneys are in conversation with each other to figure out the best way for them to work together on this issue.

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Will Mingus

Will is editor-in-chief of LifeTimes magazine and the ED of Illinois Voices for Reform. Directly impacted by registration laws, he has made a life-long commitment to fighting these draconian laws and also helping others navigate the difficult terrain of being listed on a public registry. He holds several degrees including a PhD in sociology, and his research has been published in several peer-reviewed journals. Will is the father of an amazing adult daughter, and he remains active in various community social activities.

This topic contains 11 replies, has 3 voices, and was last updated by Avatar Saddles 1 month ago.

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  • #57916 Reply
    Will Mingus
    Will Mingus

    By Will M . . . Although a lawsuit has not yet been filed in this case, attorneys have agreed to represent 19 individuals who have been told by the ci
    [See the full post at: Update: Aurora, IL asked to rescind eviction of registrants at Wayside Cross]

  • #57922 Reply
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    Mike

    Yeah now that’s what i love to hear. I don’t believe the city saying ” oh we didn’t measure correctly lol ya right, there afraid of being sued and looking bad, and the police saying ” the letter was not a eviction notice, now there splitting hairs, they gave them 30 days to move or get arrested an go back prison. Thats pretty much what an eviction. Landlord gives you a 30 day notice, the reason doesn’t matter. Well the police gave the residents a 30 day notice to move or get arrested, but i will take vicktory where we can get them. One awesome part this made me smile and i haven’t done that in a long time, i want to say to the residents congratulations I’m Real happy for you Awesome and thank the attorney for all of us.

  • #57939 Reply
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    d

    I thought the distance was supposed to be to your residence, not the property line. What does it say in the codebook this is all that matters in law. Is it the residence or property line? What if you have a giant yard, stupid idiot politicians! If the city is wrong on this they must be sued and it has to count. If there are no consequences they will never learn. People care when the government costs them money. Sue the hell out of them as often as possible for every reason you can or you will stay a subspecies of man.

    • #58070 Reply
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      Kristen

      I can tell you that this kind of quibbling happens for all kinds of issues. I attended a planning meeting in my area because of a matter concerning my property. This kind of quibbling was happening at the same meeting because a medical marijuana facility was successfully operating across the highway from a roadside park. Which suddenly became a “park where CHILDREN might play!!! (!!!, !!!, !!!, !!!)” Almost the entire meeting was spent debating if X number of feet from a park where CHILDREN might be was measured from the property line or the building itself. So the petty quibbling isn’t just over registrants… though there seems to be the same theme “we must protect the CHILDREN” from these “unsavory” people/establishments. Even if they’ve been operating with no problems for years.

      In this case, the township decided they needed to hire a consultant to solve the problem, and the buildings are now for sale…

      Heaven forbid we help someone.

  • #57949 Reply
    Avatar
    Mp

    So the Splash Pad has been there for 10 years but only now it counts? And of course the “child sex offender” language vs. registrant. Ugh!

    Thanks for the update and posting the links to the letters themselves.

  • #57950 Reply
    Avatar
    Saddles

    Mr. Mingus: in your last article you talked about fighting the war without losing. What war, war over man or beast or these decorum laws of the sex registry, this distance law, or human rights laws. Seems to me this sex registry is a touch and go ordeal when man sets one up either on the internet with a mind play game of a come on over to my house which has duped many, even if man downloads something they are not suppose to that could get someone in hot water,

    I wonder how people got away with playboy mags back in the 60’s or even the little smut mags. Who is enticing with kiddy porn today than striving to trap others. Now actually physically raping someone is a bit different. Sure all these decorum laws are bad and even advocate’s at times don’t know which way to go. Well the way to go is truth and honesty. Fighting for a cause is not backing down or should we show respect when respect is due. What respect does it do to tell these people they have to leave. I would say it is embarrassing and nobody it seems likes to be embarrassed in this politically perfect world.

    Yes you used a verse about greater love has no man and yes that was talking about Jesus Christ. Sure I ‘m sure we can all testify to that but advocates are a whole different thing. Yes mankind helping mankind is good but if you don’t use Christian principals than who win’s?

    See man has always wanted to do things themself and get their victory or the winning position. I believe one man said ” It takes two to tango” so who are we fightening against the honest upright person or the one that has the best answer. I wonder where beauty and the beast comes in.

    Sure this Ministry thing is a bit hazy about these men having to leave the only shelter they could find that would somehow help them gain some dignity. And all this over some measurement of distance. One wonders how distance man’s brain is compaired to the Creators ?What wisdom or thought process are they using. Does man want the victory of this two party tango system. I hate to say this but God gets the Victory in everything. Yes we might have our little win’s but mankind wants to be above their maker and yes law is no different but law and government will learn a lesson in all this. Its just like this deportion thing in a different perspective.

  • #57957 Reply
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    Tim

    Will,
    I’m North of Aurora 1.5 hrs. Been keeping an eye on Illinois for sometime on this issue. Been a border boy my whole life, went to S. Beloit grade school and got whipped by teachers there in 4, 5, 6th grade. Truth! Yes I was rambunctious, and my mother did often refer to me as Tim-mouthy. I was!
    So not surprisingly I’ve little respect for so called authority. Too damn often it is they who are corrupt an too many are too overly respectful to them. Take the pedo- priest who games his authority to take advantage of a vulnerable young man. Such a priest would’ve found my fists immediately. As did my 5 th grade teacher Mr. Horton, not for sex assault, he’d hit me in the face with an eraser!
    The point is griping to attorneys is one tact, but there are others. Before other tactics can be implemented to solve Wayside’s problem a question must be asked. Who is the real threat, the law? Ahhh there must be something else afoot. Perhaps a real estate deal?

    Who decides to actually measure in the first case and why? If state’s attorney was truly interested in enforcement HE WOULD HAVE ALREADY. This is a local party utilizing similar tactics used by the guy in florida, NO? It’s not too likely a cop, he’s got better things to do.

    Sir, IMO there is another dog in this fight. Can you identify ALL of the players?

    • #57973 Reply
      Avatar
      d

      Usually, it is a neighbor, and they have a friend of a friend in the city gov, etc. it is always the same story of abuse of authority. I agree they need to be identified, but also punished somehow within the law.

      • #58117 Reply
        Avatar
        Tim

        @d,
        Tnx for responding. You’re correct there IS another mutt in the background.
        I’ve witnessed, a former attorney I chose, destroy a Methodist church. I’m not a church person, I’ve been, but….my neighbor two doors ” Liz” down was. He became a new member and significant contributor, knowing he defended me, Liz told me. He shortly thereafter ran everyone off, used cash for influence to set policy, pick leadership. I admit I was getting it second hand, but she did start attending other churches. Her kids both married there, I was in both, best man in one. A beautiful church, and full of community.
        Soon the place was emplty, tax delinquent and sold, then destroyed for a real estate deal. I’ve no proof beyond…but I aint looked either, my gutt and tin hat..

    • #58336 Reply
      Avatar
      WC_TN

      You raise a good point. There could be some sweet deal for something coming into the town near Wayside Cross Ministries, but the one side or the other may be saying, “We’ll locate this project in your town, but that halfway house has got to go. We don’t want them anywhere around. You know how bad those types are for business!”

      Someone needs to attend the city council and county commission meeting to see if any deals are afoot. Get a neutral party who wouldn’t raise any suspicions to ask around in official circles.

      It could be the ministry has simply drawn the attention of someone who wants to run for re-election and thought shuttering this place would win some local votes.

      It could be the town has just simply decided to “bitty slap” all the offenders by kicking them out of the only place to go they have.

  • #58009 Reply
    Charlie
    Charlie
    Moderator

    What frustrates me in situations like this is that in most states it’s unlawful to use registry status as a reason to harass someone. However that’s all we see, harassment. When someone is not committing a crime or is not causing any problems then it is simply a case of harassment when new laws or complaints are lodged against otherwise law-abiding citizens who happen to be registered citizens. So while one law protects the public and is applied, the other law that protects the registered citizen is ignored. It becomes so frustrating sometimes watching the imbalance in justice and it makes me want to scream into the wind. But screaming into the wind is about as useless as trying to get the public to empathize with the plight of a register citizen. Therefore we must slowly  to chip away at the corners with lawsuits until someday something major is decided in this whole facade of “protecting children” is revealed as a euphemism for power and control.

    • #58251 Reply
      Avatar
      David

      We are punished/corrected by the Penal System when the judgement handed down has been satisfactorily met, and that should be the end of it, but not for us.
      We are then released into a society who has been trained either by peer or media to hate us, scorn us, shun us, reject us, and harass us.
      We are then expected to find jobs where now one of the first questions by an employer is “Are you a sex offender”?
      We are then expected to find a place to live where cities and even States have made laws making it almost impossible to find a habitation that has four walls, a bedroom, and a bathroom without breaking a residency restriction.
      So, basically while we are trying to chip away at their legislation of fear, they are attempting to take major bites out of our Rights guaranteed to us by the Constitution, and the people are behind them.
      Take our Rights slowly away, and their will be no more unconstitutional legislation for us to chip away at.
      Where does that leaves us?
      To die a lonesome death somewhere outside of a society after we have been released by a Penal System which was supposed to have rehabilitated us.
      We are punished and released, then condemned by the public, then forced out of the city.
      This is the life and future of many sex offenders, and ONLY sex offenders.

  • #58321 Reply
    Avatar
    Saddles

    David I like your viewpoint and yes it is almost like a man over this enticing beast situation. I’m not proud and well its good to have a little bit of understanding as who protects us and others if we don’t speak up. I use to be a weekend warrior if the term is used today. Even the 60’s had its woodstock. Sure I got to see Rod Steward. Wasn’t much into Woodstock but being Forever young was a treat at that age.

    Sure their was governmental upset, unrest, and rage and yes police didn’t always play fair and thats why establishment was a bit upset. Look at the mess today. So what is public safety, making sure your parashoot opens right or some air bag in a car. Its sort of mixed if one thinks about it but when man wants to go over man than we all stand up.

    Now the gay marrages and other things thats up to the individual and his belief but when someone entices another its like who robbed who’s bank or are we all banking on true justice. Using things correctly is good or are we all fallen cretures.

  • #58334 Reply
    Avatar
    Erik Henson

    I live in KS now but my offense was in MO. KS has no restrictions of where you can live and there have been no issues. I applied to be removed from the list in MO. I plead guilty to Sexual Misconduct, misdemeanor, received 2
    SIS and probation. Completed in 2011. State code 555.090. Last year they changed the code for misconduct to 566.093. My offense is not “specifically listed under tier I”. The judge ruled I must therefore be classified as tier III. SO I went from hopefully being removed from the list after 10 years to a lifetime requirement because the legislature forgot that sometimes the statute numbers change. SMH

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