Sex offenders sue over residency laws

12-3-2007 New York:

ALBANY - A group of convicted offenders have filed a lawsuit against the counties they live in.

The attorney who represents the sex offenders, Terry Kindlon, says they're suing over county laws that state where they can and can't live. Kindlon says laws that say how far a sex offender has to live from schools and day care centers is unconstitutional. He says it's doesn't help and that if anything it's causing more problems.

Five sex offenders are suing the counties they live in -- one in Albany County, three in Rensselaer County and one in Washington County.

Kindlon won't reveal his clents' names, but says the majority are Level 3 sex offenders. He says they've all had trouble getting their lives back on track since these laws have been put in place.

Kindlon says his client in Albany County is a Level 3 offender who's now elderly and disabled.

"He's diabetic and he needs some place to keep his insulin and it turned out under the Albany County law about the only place he'd be able to live is in a motel out on Central Avenue in the town of Colonie," Kindlon said.

Kindlon's client in Washington County has a family and recently bought a home.

"And after he moved in he discovered there was a day care center with no sign within 900 feet of his home he told them and their response was, 'Sorry, you'll have to move,'" he said.

"It's like the Sheriff of Nottingham banishing you from the kingdom. You're being driven out," Kindlon added.

Kindlon argues that there's already state law that regulates where sex offenders can live. The county laws, he says, conflict with the state law and make it more difficult for sex offenders to live a normal life.

"Ultimately the people we're trying to protect, the children, aren't protected because what you do is you drive the sex offenders underground," Kindlon said. ..more.. by Subrina Dhammi