Ga. court narrows sex offender ruling to property owners

12-13-2007 Georgia:

ATLANTA --Sex offenders in Georgia are only exempt from the state's strict residency requirements if they own property, according to state Attorney General Thurbert Baker.

Baker's office said a substitute ruling issued by the Georgia Supreme Court late Thursday scales back the court's November opinion, which seemed to toss out the state law preventing sex offenders living within 1,000 feet of schools, churches and other places children congregate.

"We are pleased that the Georgia Supreme Court narrowed its decision today in response to the attorney general's motion for reconsideration," Baker's spokesman Russ Willard said.

"It narrows the scope of the court's decision to only protect property owners."

But not everyone read the justices revamped decision the same way.

"I respectfully disagree with that interpretation," said Sarah Geraghty a lawyer for the Southern Center for Human Rights, which is challenging the law in federal court.

"There are a series of very clear cases out there that say that people who rent their property are protected by the Fifth Amendment just like property owners are."

It is Baker's opinion that is likely to matter, however, as he will be advising sheriffs and other law enforcement officials on how to enforce the law.

It was not immediately clear how many of Georgia's sex offenders own property.

The court's new decision - which changed just one word in the individual opinion - could sow fresh confusion on a topic that has been fraught with heated emotion and sharp political rhetoric.

Just this week, two top Republican lawmakers had unveiled plans to introduce new legislation that would have attempted to again put residency mandates in place aimed at protecting children.

The court's ruling hinged on the takings clause, saying it is unconstitutional to force a homeowner to abandon his property or be in violation of the law. The court said there is nothing to prevent a sex offender from buying a home then being forced to move if a facility catering to children later pops up nearby.

The plaintiff in the case, Anthony Mann, bought a house in Clayton County in 2003. Later, a day care center opened nearby. He filed a lawsuit after being told by authorities that he had to shutter his barbecue business and leave his home.

Mann was convicted in 2002 of "taking indecent liberties with children."

Civil rights groups have fought Georgia's sex offender law, saying it could leave those who have already served their time for sex crimes with few housing options and could backfire by driving them underground.

Supporters counter that it is crucial to protecting children from dangerous predators. ..more.. by SHANNON McCAFFREY - Associated Press Writer --