A state appeals court has upheld a city ordinance that prohibits child sex offenders from living near elementary schools.
Convicted child sex offender Todd Kester moved into a South Milwaukee residence that was within 1,000 feet of Lakeview School in 2010. A Milwaukee County judge ordered him to move.
Kester argued he wasn't given a chance to show he poses no danger to children. He also contended the ordinance unconstitutionally creates additional punishment.
The 1st District Court of Appeals ruled Wednesday Kester has no right to an individual risk assessment and the regulations are designed to protect the community, not punish offenders.
Kester's attorney, Larry Dupuis, says the ruling misses the mark. He says he is considering asking the state Supreme Court to take the case.