The nonsense continues, one good thing that will come out of all these restrictions, it will be easier for courts to declare this unconstitutional.2-12-2012 West Virginia:
HURRICANE, W.Va. — A new ordinance in Hurricane makes jogging and bike trails, athletic fields and many other places off limits to registered sex offenders.
The Charleston Gazette (http://bit.ly/xbOCBO) reported Saturday that the law also states sex offenders can't get within 500 feet of a bowling alley and movie theater, even though the city has neither.
A similar law has already been found unconstitutional by a federal appeals court.
The ordinance adopted this month prohibits sex offenders from being within 500 feet of so-called child safety zones. Besides movie theaters and bowling alleys, the zones also include schools, public libraries, arcades, indoor and outdoor amusement centers and parks, public or commercial and semi-private swimming pools, crisis centers or shelters, skate parks or rinks, public or private youth centers and scouting facilities, according to the ordinance..
Hurricane Mayor Scott Edwards said he introduce the city law after he was told sex offenders had been seen watching children at local parks and pools.
"We got reports last year of registered sex offenders hanging out at the parks and those types of locations, watching kids — sometimes even with binoculars," Edwards said. "We didn't have a law to make them leave, even though we knew it was wrong for them to be doing that. I knew I had to do something.
"They also can't loiter, which means they can't go outside the city park by 10 feet and sit with binoculars and watch," Edwards said.
The court case involved a similar ordinance in Albuquerque, N.M. The appeals court said by prohibiting sex offenders from public libraries, the city was limiting a "fundamental right to receive information.
Hurricane Mayor Scott Edwards said he introduce the city law after he was told sex offenders had been seen watching children at local parks and pools.Edwards said he would address council members and "take that part out."
As for including movie theaters and bowling alleys, Edwards said, "this will cover us in the future."
According to the West Virginia State Police website, there are 28 registered sex offenders currently living in Hurricane.
Those who violate the ordinance will face up to a $2,000 fine, or up to 30 days in jail, Edwards said.
Frank Crabtree, director of the West Virginia chapter of the American Civil Liberties Union, said the broad ordinance raises potential constitutional questions. He said there is a final balance between protecting some while taking away the rights of others.
"Even though this person is paying a penalty to society for whatever they've done, I think there are certain fundamental rights they don't forgo," he said.
Edwards said the ordinance has received overwhelming support. ..Source.. by The Republic
No comments:
Post a Comment