- By Dan Veaner
- News
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Shattuck began by reading a letter from Park Commissioner Steve Colt, who said, "I am hoping you will move your idea forward to make a law. I want to go on record supporting your idea of restricting known sex offenders from our Town parks, Myers, Ludlowville, the Town complex ball fields, as well as the school properties if you are able to include them. It's a great suggestion that is totally in the best interest of our kids."
There is no State law that sets limits on where sex offenders can go. The State law defines three levels of sex offender from those least likely to repeat their offense to those who present the highest risk. It deals with municipalities responsibility to report the presence of sex offenders to citizens, and sets limits on what information can be disseminated.
For this reason local towns and cities have attempted to put their own laws in place to better protect their children. "Broome County has really taken the lead in trying to enforce their own laws," Krogh said, noting that the Town of Union, the Village of Endicott and the City of Binghamton have all enacted sex offender laws. He said that Union's law is the best one.
| Last month we reported on Lansing's plan to investigate a local sex offender law and what it takes to find out whether sex offenders live in your neighborhood. Click here if you missed that story. |
Krogh said most sex offender laws are not well written. He said that he would model such a law after laws that set limits on how close anti-abortion protesters can be to abortion clinics. These laws have been ruled on by higher courts, so they present some legal precedent for limiting proximity that would be more defendable if challenged. He said that Union wrote it as a local law, rather than an ordinance, which also makes it easier to defend.
Binghamton originally kept sex offenders from coming within 2000 feet of their schools. They reduced that to 1000 feet after they were sued. "Somebody somehow somewhere sues you, and it's not necessarily a sex offender. It could be ACLU, it could be other groups. I don't know what groups they are that are bringing all these lawsuits, but they're happening," said Krogh.
These lawsuits focus on equal protection under the law and the right to travel. Krogh said the laws are also complicated by incidental rights. "For example," he explained, " a lot of schools are also polling places. If a sex offender can't be within a thousand feet of the school, then how can they exercise their right to vote? These laws are so new that there's not any definitive pronouncement from a higher court as to where the limits can be permissibly set."
He went on to say, "I don't think you can pass or not pass it because of fear of being sued. You have to do what's best for the community as a whole." He recommended checking with the Town's insurance carrier to make sure the Town is covered if such a lawsuit is brought against it.. Town Supervisor Steve Farkas agreed to do this.
Shattuck said he wants to adopt something stricter than abortion clinic limits. He likes the Union law, because "They're not telling people where they can live. They're telling them where they can't go. Then they're saying you can go there with the permission of their parole or probation officer." This addresses concerns Shattuck has about enforcement and overseeing of affected individuals.
Shattuck moved that the board set a public hearing to move forward on passing a law for Lansing. He asked Krogh to draft a law based on the Union version that can be presented at the hearing and voted upon by the Board. The hearing is subject to the determination on the Town's insurance coverage. Councilwoman Connie Wilcox seconded the motion and the Board voted unanimously to set the hearing. It will take place at 6:30pm at the next Town Board meeting on April 19.
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