This new en banc Cmwlth Court
decision finds the new lifetime bans on employees/contractors/etc… who have
certain enumerated criminal records unconstitutional (as applied) because they
violate substantive due process under art 1, sec 1 of the Pennsylvania Constitution
Because
24 P.S. §1-111(e)(1) creates a lifetime ban for a
homicide offense that has no temporal proximity to Johnson’s present
ability to perform the duties of his position, and it does not bear a real and
substantial relationship to the Commonwealth’s interest in protecting children,
it is unreasonable, unduly oppressive and patently beyond the necessities of
the offense. As a result, 24 P.S. §1-111(e)(1) imposes unusual and
unnecessary restrictions upon Johnson’s lawful employment as a
“Fatherhood Facilitator” with AIU and it is unconstitutional as violative
of his substantive due process rights. . .
