VT- ACLU eyes Barre sex offender case

5-2-2009 Vermont:

BARRE – The clock is ticking on Christopher Hagan, and the Vermont Chapter of the American Civil Liberties Union is seriously considering representing the man who recently ran afoul of Barre's controversial "Child Safety Ordinance."

Barring some legal relief, Hagan, 29, has until next Friday to vacate the Kent Street apartment where he has been living with his wife, Amy, and their two small children for more than a month.

Shortly after his wife signed the lease, Hagan, who was convicted of having what he claims was "consensual sex" with a 15-year-old girl a decade ago, learned of the Barre ordinance that creates residency restrictions for sex offenders living in the community.

Early last month Hagan was told that the apartment where he was staying was located within 1,000 feet of two local playgrounds and he would have to move.

According to Allen Gilbert, executive director of the ACLU-Vermont, that suggestion became a demand on April 23 when a brief notice drafted by Police Chief Timothy Bombardier was hand-delivered to Hagan, informing him he had 15 days to relocate. If Hagan refuses, he could face civil fines of up to $500 a day under the ordinance.

Gilbert confirmed Friday that he has conferred with Hagan and expects to decide some time next week whether the organization will intercede on his behalf.

"We're reviewing Chris' case to see how we can best help him," Gilbert said, noting time was of the essence.

"If we're going to try and help him stay in that apartment we have to do something by the end of next week," Gilbert said. "The clock is ticking."

According to Gilbert, ACLU-Vermont, which questioned the constitutionality of the Barre ordinance when it was first proposed last year, is now taking a closer look at the local law and whether it unfairly infringes on Hagan's rights.

Gilbert has said ordinances like the one on the books in Barre and another subsequently adopted in Rutland could potentially violate rights guaranteed under the First, Fifth, Eighth and 14th amendments, as well as Article 1 of the U.S. Constitution.

Gilbert said ACLU-Vermont is evaluating the most promising arguments that can be made on behalf of Hagan and others like him, and assessing the chances of a successful challenge.

"We'll be looking at all options from possibly doing nothing up to filing a lawsuit," Gilbert said.

Although Hagan has referred all comment to Gilbert, he recently expressed frustration about an ordinance that he believes should only target dangerous sex offenders like child molesters, pedophiles and rapists.

Hagan, who has admitted and paid for a mistake he made when he was 19, said he is none of those things and resents being told where he can and can't live.

Gilbert said that is perfectly understandable.

"This is a guy who's working hard to pull his life back together and whose family is very supportive of his efforts," he said. "It would be a shame if his wife and two kids, along with Chris, had to leave the apartment because of something that happened a long time ago, he now regrets and is trying to get beyond." ..News Source.. by David Delcore TIMES ARGUS STAFF