June 8, 2009

PA- City may change sex offender law

No one is protected by this illusion, politicians just want to look good before the public. They know the truth and to cover 25 persons, what a waste of time and resources and lkely a hefty lawyer fee.

6-8-2009 Pennsylvania:

SUNBURY — No one has ever been fined or jailed for violating the city ordinance that prohibits registered sex offenders from loitering within 1,000 feet of public places where children may gather, Sunbury solicitor Michael Apfelbaum says.

But the American Civil Liberties Union says the ordinance is unconstitutional and that it will file a federal lawsuit unless Sunbury addresses the issue by today.

Meanwhile, the city’s solicitor said additions could be made to the law to address the constitutional questions.

The ACLU protest came to light after city resident Teri Jo Hunt, a registered sex offender and mother of four, was cited for taking her son to a crowded city park last summer.

The outing could have placed Hunt in jail for 60 days or cost her $500 in fines, if the ordinance had been enforced.

Apfelbaum said he wrote the ordinance at City Council’s request to replicate a similar ordinance in the city of Allentown.

The ACLU says the vague word “loitering” makes Sunbury’s ordinance unclear and unconstitutional.

With many similar ordinances throughout the state and country, Apfelbaum said he was surprised the ACLU is concerned about Sunbury’s ordinance.

Asked if the intention of the May 2006 ordinance was to keep registered sex offenders outside city limits, Apfelbaum said: “The main purpose was to keep the specifically geographical areas safe. From there, if (sex offenders) had trouble finding a living place, that’s their problem.”

The solicitor called the ordinance “tailor-made” to Sunbury, and includes playgrounds and schools as off limits to all registered sex offenders.

It is possible that the city will add to the ordinance, he said.

“I want to make sure, most importantly, that there is an ordinance that protects against people on the list,” he said. “From there, if we want to put some additional restrictions on the ordinance that satisfy people who have questions about constitutionality, we can put in those restrictions.”

There are 23 registered sex offenders who live or work in Sunbury, according to the Pennsylvania Megan’s Law Web site. However, the ordinance applies to all registered sex offenders, regardless of where they live.

”We don’t want our nice playgrounds to be a fun place for sexual predators to hang out,” Apfelbaum said. “My sense has always been that people on the list went to other towns to do their hanging out.” ..Source.. by Anna Teletovich

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