Here we see that lawmakers simply do not care what the law is, instead feel, the law should be what they want! Note, person who championed this unconstitutional law still votes AGAINST rescinding it!5-10-2012 Pennsylvania:
MARCUS HOOK — Borough council has reluctantly voted to repeal an ordinance it enacted last year that restricted the locations in which convicted sex offenders could live.
Passed during Monday night’s borough business meeting, the new ordinance repeals an ordinance that council unanimously approved last May. The old ordinance made it illegal for convicted sex offenders to live within 1,000 feet of a school, day care center, recreation facility or park, and granted borough police the ability to enforce the law, which would impose financial penalties and/or prison sentences on anyone violating it.
The repeal comes on the heels of a recent state Supreme Court ruling that such laws are unconstitutional.
“It’s bad government to keep an unconstitutional law on the books,” borough solicitor Mark Much said. “No council member up here wants to repeal this ordinance, but we’re about to enter into another chapter in Marcus Hook, and financially, it does not make sense to expose ourselves to litigation that we cannot win.”
Much added that the state will continue to enforce Megan’s Law, which requires that law enforcement authorities make information about the whereabouts of convicted sex offenders available to the public, and to actively pursue sex crimes throughout Pennsylvania.
“There are protections out there,” he said. “However, the Supreme Court has spoken and my recommendation is to rescind the ordinance. If that changes, I would recommend that we re-enact last year’s ordinance (right away).”
Council voted 5-1 to rescind, with the lone dissenting vote coming from councilman Joseph Flynn, who had championed last year’s ordinance.
“I do believe that ordinance protected our children, and I believe we have to keep it on the books,” he said. ..Source.. by LAURA WISELEY
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