No. 18-386

Joshua Vasquez, et al. v. Kimberly Foxx, State's Attorney of Cook County, Illinois

Lower Court: Seventh Circuit
Docketed: 2018-09-25
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights constitutional-due-process criminal-law criminal-penalty due-process ex-post-facto geographic-limitation home-occupation prior-conviction residency-restriction residency-restrictions substantive-due-process takings
Key Terms:
DueProcess Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether the constitutionality of laws that impose criminal penalties for blameless action or inaction is controlled by this Court's decisions upholding laws that impose registration requirements

Question Presented (OCR Extract)

QUESTION PRESENTED Illinois law makes it a felony for people who have been convicted of certain offenses to “knowingly reside” within 500 feet of home daycares and other facilities. 720 ILCS 5/11-9.3 (b-5), (b-10). The ban does not exempt residences that were established before the opening of a new daycare, meaning that whenever a third party decides to operate a home daycare within 500 feet of the residence of someone subject to the law, that person must move out of his or her home or face arrest and criminal punishment. The question presented, which has divided the state and lower federal courts, is: Whether, as the court below held, the constitutionality of laws that impose criminal penalties for blameless action or inaction—such as maintaining a family home—is controlled by this Court’s decisions upholding laws that impose registration requirements on those with prior convictions.

Docket Entries

2019-01-07
Petition DENIED.
2018-12-28
Reply of petitioners Joshua Vasquez, et al. filed. (Distributed)
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-11-30
Brief of respondent Kimberly Foxx, State's Attorney of Cook County, Illinois in opposition filed.
2018-10-31
Response Requested. (Due November 30, 2018)
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-24
Brief amici curiae of Eighteen Scholars filed. (Distributed)
2018-09-26
Waiver of right of respondent Kimberly Foxx to respond filed.
2018-09-21
Petition for a writ of certiorari filed. (Response due October 25, 2018)

Attorneys

Eighteen Scholars
Sean HeckerKaplan Hecker & Fink LLP, Amicus
Sean HeckerKaplan Hecker & Fink LLP, Amicus
Joshua Vasquez, et al.
Adele Diana NicholasLaw Office of Adele D. Nicholas, Petitioner
Adele Diana NicholasLaw Office of Adele D. Nicholas, Petitioner
Kimberly Foxx
Paul Anthony CastiglioneCook County State, Respondent
Paul Anthony CastiglioneCook County State, Respondent