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

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.