WAUKESHA — A Waukesha man who is the plaintiff in a federal lawsuit against the city for its former sex offender residency restrictions was released from prison Wednesday and placed with his father at the 1700 block of Oakdale Drive in Waukesha.
Tyler T. Cox, 26, was charged with three felony counts of second degree sexual assault of a child and twenty felony counts of possession of child pornography after having a sexual relationship with a 15-yearold girl when he was 20. He was convicted in 2012 with one felony child pornography charge.
Earlier this year, Cox brought a lawsuit against the city of Waukesha after the Common Council approved an ordinance change that would have barred him from moving into his parents’ home upon his release because the addresses fell within the city’s so-called “child safety zone” of 1,500 feet. Similar suits were brought by his attorneys, Adele Nicholas and Mark Weinberg, in municipalities across southeastern Wisconsin, claiming the sex offender residency restrictions in those areas were unconstitutional.
Among those was a case in Pleasant Prairie where the judge ruled against the village’s ordinance. Waukesha’s residency restrictions have since been loosened to 750 feet and Cox was cleared to live with his father by Wisconsin’s Department of Corrections. Of Waukesha’s lawsuit, Nicholas said she is discussing a potential resolution with the city but says she doesn’t have any insight on when that will be or even “whether that will be possible.”
Waukesha City Attorney Brian Running said the case is moot from city officials’ standpoint and if it’s not dropped in a reasonable time frame they will file a motion to dismiss.