VALPARAISO | Bryan Tyman will be able to stay in his home, despite its proximity to Olson Memorial Park and the Prairie Duneland Trail.
The former middle school teacher pleaded guilty earlier this year to sending sexually suggestive text messages to students.
Rules of probation prohibit a registered sex offender from living within 1,000 feet of a park or school, but Porter Circuit Court Judge Mary Harper ruled in favor of a motion, with some modifications, Tuesday morning that will allow Tyman to stay in the home.
Tyman lives in the 6200 block of Brie Avenue, which is within 1,000 feet of both the park and the trail. Tyman will not be allowed within 100 feet of the park or the trail, unless he is traveling on a street which crosses the trail.
His attorney, Bryan Truitt, argued Tuesday that it is not reasonable to prohibit Tyman from living in a house he owned prior to his criminal offense. Truitt said making him move would be equal to a taking of his home.
He also argued that the residency restriction does not aid in the protection of the public and that, according to the conditions, Tyman could spend each and every day at the park, as long as he didn't spend the night there.
Truitt initially told Harper that state law allows the court to provide an exemption in writing, but when Harper asked to see the state code, it could not be found. Harper said she was sure appellate law could be found to allow the exemption.
Porter County Deputy Prosecutor Cheryl Polarek supported the motion to alter the conditions.
"I do not think Mr. Tyman is going to be one we have trouble with," Polarek told Harper, adding that there should not be a concern about setting precedence in such cases. "I am confident he will follow the rules given him."