Formaro v. Polk County (Iowa 2009)

Fomaro v. Polk County, 773 N.W.2d 834 (Iowa 2009)

Nature of Case: Appellant was required to register for a juvenile offense and was subsequently convicted of burglary. Thereafter, residing with his parents, he was notified by his probation officer that the home was in violation of Iowa’s 2,000 foot residence restriction. After much searching he was able to find housing, but thereafter filed a petition seeking declaratory relief that the restriction did not apply to him on several constitutional grounds, including violation of his right to intrastate travel and freedom of association, that the law was an unconstitutional bill of attainder, that it was an unconstitutional ex post facto law, and that it was void for vagueness. Trial court found against Appellant on all claims, and he appealed.

Holding: Iowa supreme court affirmed judgment of the trial court in finding that none of Appellant’s constitutional claims against the residence restriction law had merit.