Aston Twp repeals law targeting sex offenders

3-29-2012 Pennsylvania:

ASTON — Citing pressure from the American Civil Liberties Union and a recent ruling by the Pennsylvania Supreme Court, township commissioners unanimously, but reluctantly, repealed a sexual predator ordinance adopted in 2006.

Solicitor Elizabeth Naughton-Beck, during a recent commissioners meeting, read a statement explaining the board’s decision to repeal the ordinance.

“Many municipalities throughout the state and county enacted similar ordinances,” said Beck. “Unfortunately, some of those ordinances were too restrictive and came under challenge by the interest groups representing the individuals involved.”

Beck said, in 2011, the sexual offender residency restriction ordinance adopted by Allegheny County was challenged, and the Pennsylvania Supreme Court entered a ruling prohibiting municipalities from setting restrictions for individuals convicted of crimes identified by Megan’s Law, arguing that individual municipalities could not intervene in the rehabilitation of the individuals.

“It is because of the decision of the Pennsylvania Supreme Court that I have recommended to the board of commissioners that they repeal the residency restriction ordinance for convicted sex offenders,” said Beck.

Following the meeting, Beck said a letter was received from the ACLU challenging the township’s enforcement of the ordinance. She added that a second complaint from an individual threatening suit against the township was also received.

Commissioners President Jim Stigale said the board is not happy with repealing the ordinance, adding that the township’s hands are tied.

“We were pressured to do this because of state law,” said Stigale. “We had no choice and even attempted to re-write our ordinance. Unfortunately, it would have not stood up in court. We want our children protected more than anything, but we would not have a leg to stand on in a court of law.”

The 2006 ordinance set restrictions as to where registered sex offenders could reside. It was recognized that Megan’s Law requires that people convicted of certain offenses and people adjudicated as a sexually violent predator must register with the Pennsylvania State Police for a period of 10 years. However, it did not contain any restrictions with respect to where persons convicted of the crimes may live.

At the time, it was the opinion of commissioners that the danger of recidivism by people convicted of the crimes identified under Megan’s Law was of great concern to the township and for this reason, the board sought to set residency restrictions on where these individuals may live, and thus provide additional protection for the children of the township “Believe me, the repealing of this ordinance is not something we want to do,” said Stigale. “At least Megan’s Law is still in effect and that law has teeth.” ..Source.. by LORETTA RODGERS