NJ- Offender battles ruling in Monroe

6-1-2008 New Jersey:

MONROE TWP. A registered sex offender is suing the township, claiming a local ordinance that restricts where he can live is unconstitutional and is pre-empted by state law.

The 55-year-old man, only identified as A.B. in court papers, claims he will be homeless and potentially jobless as a result of the ordinance. The New Jersey Public Defender's Office, on behalf of A.B., is asking the courts to stop Monroe Township from enforcing the ordinance, which was adopted in August 2006.

Similar complaints have been raised in other Gloucester County towns and municipalities throughout the state where local regulations have been enacted. In some instances Superior Court judges have found the local laws to be invalid because they trump the state's.

Monroe's ordinance applies to all three tiers of sex offenders and restricts them from living within 2,500 feet of any place where children often congregate such as schools, playgrounds, day care centers, churches and libraries. It also requires the sex offenders who are in violation of the ordinance to move within 60 days of being notified.

A.B. pleaded guilty in July 2003 to sexual assault and endangering the welfare of a child. He was released from prison in June 2007 and was registered as a Tier 2 or moderate-risk sex offender, according to court documents.

After he was released, he moved to an apartment in Monroe Township because of its affordability and location to his job. A.B. claims he was notified by the township police on March 12 that he was in violation of the ordinance and would have to move.

Because of the residency restrictions in Monroe Township, A.B. claims "there are few, if any, affordable apartments" in which he can live.

"The present status of the law says these statutes are unconstitutional," said Seth Belson, assistant deputy public defender. "The municipality is attempting to enforce it against someone knowing that its unconstitutional and I'm trying to stop them."

Township Solicitor Charles Fiore did not return a request for comment. ..News Source.. by Jessica Beym