Judge James Walther has forbidden an Elyria man who owes nearly $79,000 in back child support from procreating for five years while on probation, unless he shows that he can support the four children that he already has.
Asim Taylor, 35, pleaded guilty last year for not paying child support dating back to 2009. According to Taylor's attorney, Doug Merrill, he is planning to appeal the judge's ruling, which was issued yesterday. Merrill argues that the judge is "overstepping."
Merrill claimed that Walther is punishing a man because he is poor, and now the man cannot procreate while a rich person could. Merrill also argues that the only way that Taylor could 100 percent comply with the order is to abstain from sex entirely, but Merrill says that is a violation of Taylor's fundamental right and privacy, as well as his right to choose.
Merrill argues that if Taylor does impregnate a woman, she would then have to decide whether to have an abortion, or deliver the baby and risk Taylor being sent to prison. He also pointed to a 2004 Ohio Supreme Court ruling which overturned a similar order by a Medina County judge in another criminal non-support case. The Supreme Court ruled the "antiprocreation condition is overbroad."
Taylor owes $78,922.12. He was indicted in August 2011 and pleaded guilty last September.