August 20, 2013

Megan's Law residency restrictions in Carbondale questioned

8-20-2013 Pennsylvania:

CARBONDALE - City officials will review an ordinance limiting where Megan's Law offenders can live after an offender's father questioned its legality.

Leo Conway, 79, formerly of Carbondale, spoke to the council at a meeting Monday, claiming his and his son's civil rights had been "removed."

Mr. Conway and his son, Pat Conway, who now live in Archbald, were asked to move out of their apartment in Carbondale just over a year ago after Mayor Justin Taylor told them that the younger Mr. Conway, a Megan's Law offender, was living too close to a playground.

Leo Conway asked council to reconsider the decision, pointing to case law he said supported his position that his son could live where he chose.

"I ask the council in your wisdom to look at this particular case as a civil rights (violation)," Mr. Conway said, adding after the meeting that if no resolution is reached he will take legal action.

His son sat in the front row of the meeting, which became tense when city solicitor Frank Ruggiero pointed out he was "eyeballing the mayor." Two Carbondale police officers at the meeting stood next to the mayor in response.

After the meeting, Mr. Taylor said he has attended council meetings for 14 years, but never before Monday had he felt nervous.

"I have never ever once felt uncomfortable in a meeting until (Monday)," he said. "(Pat Conway) was wringing his hands and glaring."

He said several staff members texted him about the behavior during the meeting, prompting him to send the police chief a message, requesting an additional officer's presence.

He explained that the city has an ordinance in place, restricting where Megan's Law offenders can live. Mr. Conway's residence in the city violated that ordinance, he said. The city added the ordinance several years ago after reviewing similar legislation in other municipalities. The city solicitor will review the case law presented and then make a recommendation to the council.

"We don't know at this point whether we need to amend or restructure our ordinance," Mr. Taylor said. "We're just not sure yet."

Also at the meeting, the council approved a resolution, vacating one parking spot at 22 N. Main St. The resolution also restricted drivers exiting the parking lot between the NHS Building and Wallis Furniture to right turn only. The approval is contingent on the state Department of Transportation's approval.

The proposal is in response to citations PennDOT issued to Mr. Taylor's private company, Lapera-Taylor Development LLC. ..Source.. by Rebekah Brown

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