Published: August 09, 2008 02:24 am      

Sex offender not allowed to watch son play ball

A convicted sex offender’s latest request to be allowed to watch his 11-year-old son play Clarksville Little League baseball in Jeffersonville was denied Friday morning.

Clark County Circuit Court Judge Abe Navarro denied Eric C. Dowdell’s request for an exemption from a city ordinance that prohibits him from watching the games.

While Clarksville Little League Park is under construction this year, the league will play all of its games at Meijer Field in Jeffersonville. In January 2007, the Jeffersonville City Council passed the ordinance prohibiting sex offenders from entering public property owned by the city.

People violating the law can be charged with trespassing and face fines ranging from $100 to $2,500.

Larry Wilder, the city’s attorney, said Dowdell met 10 of the prerequisites for an exemption from the ordinance, but he did not meet the 11th, which is that the offender cannot be a danger to the community.

Dowdell’s attorney, Gavin M. Rose of the American Civil Liberties Union, said he was disappointed in the decision and believes the judge only looked at Dowdell’s criminal history and not his relationship with his son.

“Baseball is America’s pastime,” Rose said. “I can’t imagine a greater crime against fatherhood than not allowing him to see his son play baseball.”

In court records, Navarro cites Dowdell’s criminal history as evidence that he “continues to present a danger to the community.”

In July 1996, Dowdell was convicted of class D felony sexual battery and sentenced to three years in prison. His victim, according to court testimony, was a 13-year-old girl.

He was required to register as a sex offender for the next 10 years.

Dowdell has had other legal problems too. In 2001, he pled guilty to domestic battery, and in 2002, he pled guilty to battery.

He has also been charged with class D felony strangulation and class A misdemeanor domestic battery for an incident that allegedly occurred March 2 of this year.

Judges with the Jeffersonville City Court have twice denied exemption requests filed on behalf of Dowdell. The case first came about when Dowdell was coaching his son’s team last summer, and they had a game scheduled in Jeffersonville. He no longer coaches the team.

Dowdell has the option to take the case to the Indiana Court of Appeals. Rose said he will talk to his client soon to discuss what steps to take next.

In a separate case, the constitutionality of the city’s ordinance is being challenged by another ACLU lawyer. A hearing is scheduled for Aug. 25.

“I think the ordinance was written with such a strong eye toward being fair and constitutional, that we’ll have a strong case,” Wilder said..