NY- Brookhaven enacts landmark sex offender ruling

Most amazing is, how can so many be blind to the Right of Association which has been supported by the U.S. Supreme court in many cases. Further, does that mean if two sex offenders are married they cannot live together? What if a family has two children, each a sex offender? Possibilites abound but do not exist in the minds of lawmakers. Are they capable of thought beyond it "Sounds Good," and have they ever read the Constitution and related court cases.

8-6-2008 New York:

Brookhaven Town enacted a landmark measure yesterday that makes it illegal for more than two registered sex offenders to live in the same single-family home.

The ordinance, which town officials and child protection advocates have said is the first of its kind in the state, is designed to break up clusters of sex offenders, such as the one in the Homestead Drive area of Gordon Heights. According to a state registry Web site, more than 40 registered sex criminals live in that roughly half-square-mile area.

-Are they living close because of earlier residency laws? If so, get rid of them and there wouldn't be a clustering problem.

The town board unanimously approved the measure last night after a public hearing. One resident, Timothy Timms of Coram, which adjoins Gordon Heights, asked the board to pass it because he fears "my children aren't safe on the street."

Other residents questioned whether the law is strict enough and will hold up in court.

Just before the vote, Councilwoman Kathleen Walsh, who proposed the measure, said she was confident the town had created "something enforceable" that will "create an environment where we can keep our children safe."

Proponents have said the measure, coupled with existing laws that prevent sex offenders from living near schools, parks and playgrounds, will help families take back communities such as Gordon Heights. The law imposes a fine of up to $2,500 per week on any registered sex offender who does not comply within 45 days of being notified. It also holds landlords accountable with a fine of up to $2,500 per week.

But some civil liberties advocates have said it might infringe on fair housing laws and sex offenders' right to associate with people of their choice. Sex crime experts have also questioned the wisdom of breaking up offenders who are supporting each other in rehabilitation.

Councilman Tim Mazzei said town officials believe the measure is within the confines of the law. "Any time you restrict individuals' liberty to travel, to live, to house, you are going to have objections," Mazzei said.

The biggest change is a ban on more than two offenders living in one single-family home, but town officials have said they might later tweak the law to include multifamily homes.

Last night's hearing came two months after the town increased the distance a sex offender must live from a school, park or playground from 1,000 feet to a quarter-mile. The town made the change to make local laws as strong as Suffolk County laws.

Parents for Megan's Law representatives have said the ordinance would be the state's first "saturation statute."

Laura Ahearn, the group's head, has said offenders will still need greater supervision and help finding jobs to reform. Town Supervisor Brian X. Foley said the clustering issue will eventually require a change in state law. ..News Source.. by PATRICK WHITTLE