Ryals v. City of Englewood

2016 CO 8, 364 P.3d 900, 2016 WL 297371
CourtSupreme Court of Colorado
DecidedJanuary 25, 2016
DocketSupreme Court Case 14SA84
StatusPublished
Cited by10 cases

This text of 2016 CO 8 (Ryals v. City of Englewood) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryals v. City of Englewood, 2016 CO 8, 364 P.3d 900, 2016 WL 297371 (Colo. 2016).

Opinions

JUSTICE EID

delivered the Oplmon of the Court.

{ 1 We accepted jurisdiction over this certified question of law from the United States Court of Appeals for the Tenth Cireuit,. See CAR, 21.1. The Tenth Cireuit has asked us whether the City of Englewood's Ordinance 84, which effectively bars certain sex offenders from residing within the city, is preempted by Colorado law. 560 Fed.Appx. 726 (10th Cir.2014) (unpublished order), ~As a preliminary matter, we conclude that because both state and local governments bave an interest in governing the matter of sex offender residency, the ordinance concerns an issue of mixed state and local concern. As such, it may stand as long as it does not conflict with state law on the subject: Webb v. City of Black Hawk, 2013 CO 9, ¶ 16, 295 P.3d 480, 486. The federal district court in this case concluded that such a conflict did exist because Colorado has generally opted for a policy of individualized treatment of sex offenders, and the Englewood ordinance acts as an effective bar to residency. Ryals v. City of Englewood, 962 F.Supp2d 1236, 1249-51 (D.Colo.2013). We disagree with the federal district court and find no conflict. There is no state law that requires individual consideration with regard to the residency of sex offenders, and in fact state law and the ordinance may both be given full effect. Because we conclude that no conflict exists between state law and the ordinance, Ordinance 84 is not preempted by state law. We therefore answer the certified question in the negative and return this case to the Tenth Ciretit for further proceedings.

1.

12 In 2001, Stephen Brett Ryals had a sexual relationship with a sixteen-year-old girl he coached on a high school soccer team. He pled guilty to criminal attempt to commit sexual assault on a child by one in a position of trust -and was sentenced to seven years of probation. After violating his probation by continuing to see the victim, he was sentenced to two years in prison, He was released in April of 2008. Under the Colorado Sex Offender Registration Act (FCSORA"), §§ 16-22-101 to -115, C.R.S. (2015), he was required to register as a sex offender for a decade after his release. $ 16-22-108(1)(a). He is under no other state supervision.

18 In July of 2006, the Colorado Parole Board informed the City of Englewood, a home-rule municipality, that it 'planned" to place a sexually violent predator at an extended-stay hotel that was within a block of a daycare facility. Originally, the placement was planned in Greenwood Village, but Greenwood Village passed a local ordinance that essentially banned sex offenders from residing in the city. In response, Englewood passed its own emergency ordinance in Sep[904]*904tember 2006 that operated in the same way, effectively barring sex offenders from residing in the city.

T4 The ordinance applies generally in two instances. - First, it applies to sexually violent predators as defined by section 18-8-414.5, C.R.S. (2015). Second, it applies to those sex offenders who, like Ryals, are required to register under CSORA because they have either been "[clonviected of a felony for an offense requiring registration," have "multiple convictions for offenses requiring registration," or their "offense(s) requiring registration involved multiple victims." EMC 7-3-3(A)Gi)a-b.

15 The ordinance makes it unlawful for people in either group to "establish a permanent residence or temporary residence within two thousand feet (2,000°) of any school, park, or playground or within one thousand feet (1,000) of any licensed day care center, recreation center or swimming pool (other than pools located at private, single-family residences)" EMC 7-3-8(A) According to estimates, these restrictions make 99% of the city off limits to qualifying sex offenders. Ryals, 962 F.Supp.2d at 1241.

T6 The stated intent of the ordinance is "to serve the City's compelling interest to promote, protect and improve the public health, safety and welfare by creating areas, around locations where children regularly congregate in concentrated numbers, where sexual predators and specified sexual offenders are prohibited from establishing temporary or permanent residence." EMC 7-8-1.

T7 In 2012, Ryals purchased a home in Englewood. After buying the home, he called the local police to ask about the process of registering as a sex offender, An officer told him that, because he was a qualifying sex offender under Englewood's Ordinance 34, he was not allowed to live within the city limits. Nevertheless, Ryals went to the Englewood police station the next day to attempt to register. He was issued a citation for violating the ordinance.

T8 He then sued Englewood in the U.S. District Court for the District of Colorado, asserting, among other claims, that Ordinance 84 is preempted by Colorado's sex offender regulations. The criminal proceeding against him stemming from the citation was stayed while he challenged the validity of the ordinance.

T9 The federal district court held that the ordinance was preempted by Colorado state law. First, the court concluded that the ordinance addressed a matter of mixed state and local concern because it implicated both local and state interests, - Ryals, 962 F.Supp.2d at 1249 (finding that the city has a valid interest in regulating land use and protecting its citizens but that the ordinance implicated "substantial state interests," including "the consistent application of statewide laws to fulfill the goal of managing and supervising sex offenders"). It then concluded that, in its operation, Ordinance 34 conflicted with the state's comprehensive regime for regulating sex offenders and therefore was preempted by state law. Id. It reasoned that the state had adopted an individualized approach to sex offender treatment, and that the ordinance conflicted with such an individualized approach because it did not, on an offender-by-offender basis, consider "the nature of the offense, the treatment the offender has received, the risk that he or she will reoffend against children, and the evaluation and recommendations of qualified state officials" when determining whether a sex offender could reside Wlthm the city. Id. at 1251.

10 Englewood appealed the ruling to the Tenth Cireuit. The circuit court determined that "every step of [the issue's] resolution is firmly within the province of Colorado law" and certified the question to this Court under Tenth Cireuit Rule 27.1 and C.A.R. 21.1. 560 Fed.Appx. at 729.

IL

111 To determine i#f state law preempts a home-rule city's ordinance, we engage in a two-step analysis. See Webb, ¶¶ 16, 43, 295 P.3d at 486, 492, First, we ask whether the issue the ordinance regulates is one of local, statewide, or mixed local and statewide concern. Id. at ¶ 16, 295 P.3d at 486. If we conclude that the issue is of mixed concern, as we do here, we then ask whether the ordinance conflicts with state [905]*905law on that issue. Id. at ¶ 43, 295 P.8d at 492. We conclude that Ordinance 34 does not conflict with any provision of state law. Therefore, it is not preempted.

A.

112 Colorado's preemption doe-trine begins with Article XX, section 6 of the Colorado Constitution, which grants municipalities "home rule" authority to govern "local and municipal matters." Colo. Const. art XX, § 6.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 CO 8, 364 P.3d 900, 2016 WL 297371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryals-v-city-of-englewood-colo-2016.