Ordinance limiting where sex offenders can live heads to supreme court

1-28-2010 Pennsylvania:

The 3rd U.S. Circuit Court of Appeals on Wednesday asked the Pennsylvania Supreme Court to determine if a local ordinance restricting where sex offenders can live is pre-empted by state law.

Allegheny County officials filed an appeal with the Third Circuit following a decision in March in which U.S. District Judge Gary L. Lancaster found that a local law prohibiting convicted sex offenders from living within 2,500 feet of a child care or recreational facility, community center, public park or school was illegal.

The judge found that the county regulation was so oppressive that it eliminated almost all of Allegheny County.

Further, Judge Lancaster found that the ordinance, which would force offenders to live in outlying areas with less access to job opportunities, undermined state law and the goals of the probation and parole systems.

In its opinion, the Third Circuit found that it is an issue that has state-wide importance, even though the case concerns only Allegheny County.

"[Municipalities] may adopt similar ordinances, particularly if the county prevails in this case," the judges wrote in a unanimous decision. "More particularly, counties may feel pressured to respond to an influx -- real or perceived -- of sex offenders from Allegheny County by enacting ordinances of their own."

The appeals court noted that its decision on the pre-emption issue would not be binding on parties other than those involved in the case, meaning that other municipalities could enact similar ordinances -- leading to additional appeals.

Though the Third Circuit did not decide the case, it said that it saw "obvious tension between state parole procedure and the Allegheny County ordinance," because state law does not allow the parole board to be limited in approving where an offender can live based on local ordinances.

This is the first such case to go before the appeals court.

As the case winds its way through the legal system, the ordinance is not being enforced. ..Source.. Paula Reed Ward, Pittsburgh Post-Gazette