ME- Gorham to state: Mind your own business

9-3-2009 Maine:

Thumbing its nose at the Legislature, the Gorham Town Council unanimously refused Tuesday to soften its sex-offender ordinance to comply with a new state law taking effect next week.

"This is an opportunity to send a message to the Legislature to screw their heads on straight," said Town Councilor Burleigh Loveitt.

A Gorham ordinance passed in 2007 prohibits registered sex offenders from living or loitering within 2,500 feet of a school and 1,000 feet of a child care center. The new state law, which pre-empts local ordinances, prohibits sex offenders from living within a maximum distance of 750 feet from a school property line. The state law becomes effective Saturday, Sept. 12, a spokeswoman at the state's Senate office said Tuesday.

Unhappy with the less-stringent state law, the Gorham Town Council Tuesday voted 6-0, with Mike Phinney absent, not to amend the town's ordinance.

But the council's vote may be moot. Gorham Town Manager David Cole said any police action to enforce the local ordinance wouldn't be effective and would be subject to lawsuits.

And, following the meeting, Gorham Police Chief Ron Shepard said that his department would be obligated to enforce the state law.

"We're going to have to ignore our ordinance" because it is not enforceable, Shepard said.

Councilors were vocal in their criticism of the state law and the Legislature.

"I believe they stuck their nose into something they shouldn't have," said Town Council Chairman Matt Robinson, who urged fellow councilors to write letters to state officials.

"I think Gorham did the right thing and my thought is the Legislature did the wrong thing," said Loveitt.

He said he felt the Legislature would "eat crow over it."

Town Councilor Shonn Moulton, who sponsored the Gorham ordinance, is also unhappy with the state action.

"Don't stick your nose under our tent," Moulton said during Tuesday's meeting.

Moulton sponsored Gorham's initial proposal for a sex offender ordinance because, he said, the Maine Legislature at that time had failed to enact a law restricting where sex offenders could live.

Moulton said before the meeting that unlike Gorham's ordinance, state law didn't have provisions for loitering and child day cares.

"It should have allowed home rule," Moulton said about the state action. "The state law is a joke."

When Gorham passed its ordinance, Gorham had 16 registered sex offenders living or working in town, according to the state's Web site. This week, that number is 23. Gorham's ordinance does not restrict where registered sex offenders could work in town.

"It was a convicted sex offender who kidnapped that girl for 18 years," Moulton said Tuesday referring to the high-profile case in California in which an 11-year-old girl was kidnapped and held prisoner for 18 years.

Hey, wake up, no residency law -if in place beforehand- would have prevented that California crime from occurring. Criminals don't follow the law, thats why they are called criminals. Man, some people just don't get it, and the public keeps electing them...

Councilor Phillip Csoros advocated stronger judicial action in sex offender cases. "I support tougher sentences," he said.

Moulton reaffirmed Wednesday that Gorham's support of its town ordinance sends a "mind-your-own-business" message to the state.

Senate Majority Leader Sen. Phil Bartlett, D-Cumberland County, who lives in Gorham, said Tuesday he believed the Legislature would likely revisit the law.

"State law was a patchwork effort," Bartlett said.

Bartlett voted in favor of the state bill, though he said he initially opposed the measure. But, he said, opposition was futile and the measure was better than other alternatives.

Bartlett said some towns in Maine had no local restrictions. Westbrook is in the process of revamping its city's sex offender ordinance in order to comply with the state law. The city's ordinance, adopted in 2007, was even more restrictive than Gorham's, prohibiting sex offenders from living or working within 2,500 feet of a school, child care center or home, park, playground, bowling alley or any other location frequented by children. The council reluctantly gave preliminary approval to the changes in August and will take a final vote on Sept. 14.

Rep. Linda Sanborn, D-Gorham, who represents part of Gorham and part of Buxton, had no comment Wednesday on Gorham's action this week and the state law "until I get up to speed on it."

Rep. Jane Knapp, R-Gorham, could not be reached for comment.

Moulton wants to work with Bartlett in an effort to strengthen the new state law. Bartlett said he'd be willing to work with city and town officials.

"I'm interested in hearing Gorham's feedback," Bartlett said Tuesday.

Before the council vote, Shepard, speaking from the public podium, said police were "dissatisfied" that the state law supercedes the Gorham ordinance.

"I think the state took a big step backward," Shepard said. ..Source.. by American Journal