ELYRIA -- An Elyria man who owes almost $79,000 in child support has been forbidden by Judge James Walther from procreating for five years while on probation, unless he shows he can support the four children he already has.
Asim Taylor, 35, pleaded guilty last year for not paying child support dating back to 2009. Taylor plans to appeal the judge's ruling issued yesterday, according to his attorney, Doug Merrill, who argues that the judge is "overstepping."
Walther could not be reached for comment, however, his order read, "This condition of community control is related to the interests of doing justice, rehabilitating the offender..."
But Merrill claimed that Walther is punishing a man because he is poor, and now the man can't procreate while a rich person could.
The only way Taylor could 100 percent comply with the order is if he abstains from sex, but Merrill said that is violating Taylor's fundamental right and privacy as well as his right to choose.
"I felt that the Supreme Court of the United States has already spoke on that in the Roe vs. Wade decision," Merrill said.
Merrill contends that if Taylor impregnates a woman, she would have to decide whether to have an abortion or deliver the baby and risk Taylor going to prison.
Merrill said the ban would be lifted if Taylor can reasonably provide for his children, but he isn't clear if it means that Taylor needs to pay off his debt all at once.
Taylor owes $78,922.12. He was indicted in August 2011 and pleaded guilty last September.
Merrill 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."