A village board in southeast Nebraska is considering an ordinance that would restrict where convicted sex offenders may live and fine landlords who rent to them.
According to the Nebraska Sex Offender Registry, Alexandria, a village of 177 in Thayer County, has one person listed on the registry: Timothy McManaman, 40. McManaman was convicted of sexually assaulting a child more than 13 years ago and served two years in prison.
The backyard of McManaman's rented home is just across an alley from the home of Jeremy and Kristine VanWesten and their two children: a 3-year-old and a 10-month-old. Kristine VanWesten went to the Village Board in July and asked for restrictions on where sex offenders are allowed to live.
“I didn't like having to constantly worry about my daughter in the backyard,” she said.
The Nebraska Sex Offender Registry lists McManaman as the only sex offender living in Alexandria. Another convicted sex offender had lived there, but he and his wife moved to another state when they learned about the proposed ordinance.
A public phone listing for McManaman couldn't be found.
The Village Board has drafted what it calls Ordinance 147, which would bar sex offenders from living within 500 feet of a school, park, day care center or school bus stop on village property. The village has no school or licensed day care, and the only park sits across Nebraska Highway 53, which bisects the village. But there is a bus stop about two blocks away from the homes of McManaman and the VanWestens.
Jeremy VanWesten wouldn't comment on the ordinance because he is a member of the Village Board, which might vote on the ordinance today.
ACLU Nebraska told the Village Board in a letter Monday that the board has the right to pass restrictions but that the proposed ordinance is unconstitutional, citing three primary reasons.
First, the bus stop is not one of the locations for which state law permits housing restrictions on sex offenders. Second, the Village Board has no power under state law to create a new crime category: renting to a sex offender. And third, the ordinance's grandfather clause would date back to the adoption of the state law, rather than the date the ordinance was passed — assuming that it is.
The grandfather date is key, because, as written, it would allow the village to fine the landlord who rented the Alexandria house to McManaman, even though the ordinance wasn't in effect. The fine: $500 a day.
An ACLU spokesman said Tuesday that the board hasn't replied to the letter.
Alexandria resident Doenne Brown and her mother, Garnet Arndt, rent the home to McManaman. Brown said they can't afford such a fine and would be forced to try to evict McManaman.
Village Board Chairman Steve Deger said the proposed ordinance may be aimed at just one person, McManaman, but he supports it.
“Who am I concerned for, children or sexual offenders? I guess I'll go with kids,” Deger said.
Brown said the Village Board shouldn't ignore state laws, no matter the cause. ..Source.. by omaha.com
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