FL- No decision yet on constitutionality of Lee County sex offender ordinance

11-13-2009 Florida:

by Rachel Revehl

Judges in Lee County court today have not made their decision yet regarding the constitutionality of a county ordinance pertaining to restricted access of sex offenders.

Arguments made today by Fort Myers attorneys defense Peter Aiken and John Charles Coleman, was that the ordinance is unconstitutional because it is too vague and overly broad.

It was passed by county commissioners in March, and restricts the places where sex offenders can frequent. It lists public pools, parks, schools, zoos, bus stops and any other place children congregate. Aiken argued the ordinance does not make it clear exactly where offenders can and can’t go, and does not differentiate between those sex offenders whose crimes were against children and those that were not.

Prosecutor Cameron James Siggs argued the language of the ordinance is clear, and that it would be unreasonable to expect a list or map of every single place that might be restricted.

Judges Radford Sturgis and John Duryea Jr., who are determining the case together, said they feel they have enough to make a decision on the argument of vagueness, but want more information on broadness.

A decision could come as soon as tomorrow, but will likely be issued sometime next week. ..Source..