FL- Judge upholds rules for predators

Even here we see the overbroad use of the word "predators"

8-25-2009 Florida:

Brevard County's unusually stringent sex-offender ordinance has survived a challenge to its constitutionality.

While many cities and counties merely restrict where registered sex offenders can live, Brevard's actually creates 1,000-foot buffer zones around schools, parks and playgrounds where offenders may not even exit their cars and walk around.

That didn't seem fair to Theodore Campbell after a bad day of fishing last September.

A deputy spotted Campbell, a registered sex offender, fishing at Chain-of-Lakes Park north of Titusville. The park is home to a complex of youth sport fields. The deputy arrested Campbell for violating the ordinance.

Campbell, through his public defender, moved to dismiss the charge. His motion called the county ordinance a violation of due process, a conflict with state law and a violation of his constitutional rights. He alleged the county's description of "playground" was vague.

Actually the county's description of "playground" reads:

"An established dedicated outdoor area for recreation and play, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides." An apt description of Chain-of-Lakes Park.

In a 46-page ruling, County Court Judge Kenneth Friedland rejected Campbell's challenge, finding the ordinance to be clear and justifiable.

"Sex offenders have a high rate of recidivism," Friedland's Aug. 10 ruling says. "It is a matter of common sense that limiting the frequency of contact between sex offenders and areas where children are located is likely to reduce the risk of an offense. The policymakers of Brevard County are entitled to employ such common sense."

Again we have a judge relying on myths, the Dep't of Justice clearly showed, excepting for murderers, sex offenders have the lowest rate of recidivism. Time and time again rulings such as this deny registrants constitutional ri9ghts even after a conviction. Hopefully this case will get appealed on this specific point. Common sense is really not so common.

The county ordinance contains exceptions for sex offenders to enter one of the 1,000-foot buffer zones, including driving through on their way to somewhere else. They also can enter to attend church, visit a doctor, drive their own children to school or take refuge in a hurricane shelter.

Casting a line for catfish isn't one of the exceptions. ..Source.. by