CA - California RSOL Challenges Santa Ana Ordinance, Registration Process

Original Article

05/03/2013

California RSOL filed a lawsuit in federal district court on May 2 challenging the sex offender ordinance and sex offender registration process in the City of Santa Ana. The ordinance contains presence restrictions including a prohibition of registrants using the city’s public library. The registration process requires all registrants to register inside the Santa Ana Jail for periods up to four hours as well to wear a prison uniform. Registrants are not allowed to leave during the registration process and are prohibited from using cell phones or any other communications devices during that process.

“The City of Santa Ana is robbing registrants of their constitutional rights,” stated CA RSOL President Janice Bellucci. “Not only are they prohibited from participating in most recreational areas in the city, they are not allowed to access public information in the city’s library.”

CA RSOL testified in oppositing to the ordinance at a City Council meeting in June 2012 prior to its passage. In addition, CA RSOL wrote letters to the City Council advising them that the proposed ordinance violated both the federal and state constitutions.

“It is indeed unfortunate that the City of Santa Ana failed to heed the warnings provided by CA RSOL,” stated CA RSOL Treasurer Frank Lindsay. He noted that the 10th Circuit Court of Appeals declared unconstitutional a similar ordinance in the City of Albuquerque. As a result of that ruling, the City of Albuquerque paid the ACLU more than $1.5 million in attorneys’ fees and costs.

The lawsuit also alleges that the registration process for registrants within the City of Santa Ana violates the 4th amendment of the federal constitution because registrants are falsely imprisoned when placed in the Santa Ana Jail. City officials have stated it is necessary to register sex offenders in the jail because that is where registrants are to be photographed. When registrants are wearing jail uniforms, their photographs are taken and those photographs are later posted on the state’s Megan’s Law website.

“Photos of registrants wearing a prison uniform give the false impression that they are incarcerated,” stated Bellucci. “This blatant disregard for the truth must be stopped.”

There are three plaintiffs in this lawsuit — John Doe, Jane Doe and CA RSOL.

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WI - Proposal would leave few places for some sex offenders

Original Article

04/15/2013

By CARA SPOTO

RACINE - An ordinance proposal that would prevent violent or child sex offenders placed in Racine from residing within 1,000 feet of locations where children spend time would make most areas of the city off-limits to such offenders.

A review by The Journal Times of a map drafted for the City Council’s Public Safety and Licensing Committee reveals only small pockets where such offenders could live.

Under the current version of the proposed ordinance, violent or child sex offenders locating to Racine would be banned from residing within 1,000 feet of a school, day care center, library, park, playground, swimming pool or house of worship.

If those restrictions were to be approved, the entire Downtown area would be off-limits to such offenders, as would many residential areas close to Downtown, save a small section of blocks south of Washington Avenue and 14th Street.

Most of the near north side would also be off-limits under the proposed ordinance, excluding a few small patches, like a small spot north of Shoreland Drive and east of Douglas Avenue. Much of the near south side also would be off-limits.

More areas would be available farther north and south, but not many. The map shows a few blocks available north of Romayne Avenue and a small area just south of the airport around Goold Avenue and Rapids Drive.

There also would be a handful of small areas available on the city’s far south and far west sides.

The City Council is slated to take up final consideration of the measure tonight at its 7 p.m. meeting at City Hall, 730 Washington Ave.

See Also:

• City Council approves sex offender zones

Read the rest of the article

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WI - Sex offender buffer zone proposal heads to council

Original Article

04/09/2013

By CARA SPOTO

RACINE - An ordinance proposal that would prevent violent or child sex offenders placed in Racine from residing within 1,000 feet of locations where children spend time is on its way to the City Council, but not before an item regarding appeals gets another look.

Meeting Monday night at City Hall, 730 Washington Ave., the Public Safety and Licensing Committee voted 3-0 to recommend that the council approve the ordinance with the understanding that the current draft would receive some adjustments before being considered by the council.

Committee members said they were comfortable with the key elements of the measure, which proposes that sex offenders located to Racine be banned from residing within 1,000 feet of a school, day care center, library, park, playground, swimming pool or house of worship. However, members had lingering questions about certain definitions and the measure’s proposed appeals process.

In its current form, the proposed ordinance states that a sex offender looking to be exempted from the 1,000-foot residence requirements could make an appeal to the Public Safety and Licensing Committee.

Alderman Sandy Weidner, who is not a member of the committee, said aldermen should consider establishing a separate body to hear appeals.

“I don’t know that all the members that would be appointed to the (Public Safety and Licensing Committee) would even want to have that onus on their shoulders,” she said. “I think that’s a lot to ask.”

Some of the questions the committee members had were, in part, raised by Robert Peterson, an attorney for convicted sex offender [name withheld], who was recently released to Racine.

Peterson, who spoke during the public hearing before the meeting, presented data that he said shows restrictions on where convicted sex offenders can live have almost no effect on recidivism.

“Residence requirements of 1,000 feet, 2,000 feet, statistically will do nothing to increase the safety of the community,” Peterson said.

[name withheld]’s former victim also spoke during the sparsely attended hearing. The victim, whose name The Journal Times is not releasing, implored the committee to support the measure. Committee member and outgoing alderman Molly Hall began working on the proposal earlier this year after [name withheld] was nearly relocated within blocks of the victim’s West Racine residence.

“This ordinance should have been in effect a long time ago,” the victim said. “I am strongly asking you to take this ordinance into consideration so other people don’t have to go through what I have been through in the last three and a half months.”

Read the rest of the story here

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TN - Sex Offender Results in New Library Policy

Come on, it's very simple to purchase some parental control software to block those types of sites. And the library could do that, if they really wanted to.

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LA - New restrictions on sex offenders start in January

Original Article

12/29/2012

By MELINDA DESLATTE

Excerpt:
Also taking effect in January, boards that govern local public libraries are required to set limits on library access for sex offenders whose victims were under 13 years old. Those offenders will be barred from library property during certain times or days, under guidelines set by parishes.

Sen. Dale Erdey, R-Livingston, described the new law as a way to protect children in a state that has repeatedly added limitations on sex criminals by lengthening jail sentences, expanding monitoring, and putting restrictions on where they can live, visit and travel.

"People who prey on our children are among the most dangerous criminals that we face. They target our most precious and our most vulnerable citizens," Erdey said during legislative discussion of the bill.

Lt. Gov. Jay Dardenne, who oversees the state library that was charged with providing technical assistance for the new law, said his office has trained local libraries in what's required and provided draft policies on how to limit sex offender access.

"We just kind of guided them. We gave them a specific set of criteria to look at. We did a webinar for them," Dardenne said.

The guidelines suggested libraries could bar the sex offenders from public library property during peak hours when children are likely to be on site and when children's programs are scheduled. They also could ban sex offenders from the children's and young adult areas of the library.

Rep. Nancy Landry, R-Lafayette, said librarians in her parish worried about having to confront sex offenders or having them limited to small windows of time, creating a concentration of convicted criminals on library property at once.

"Although this bill has good intentions, it's actually going to make it more dangerous especially for the poor people who work there who have to police this," Landry said during House debate on the proposal.

However, it's unclear how librarians will be able to enforce the new regulations because they will have no way of knowing who was convicted of assaulting a child under 13.

Read the entire article here

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CA - Allowing porn in Public Libraries?

All the library has to do is install software to block that stuff. It's very simple to do, if they wanted to. And the lady who claims she has "worked" with ex-sex offenders is the typical Feminazi, IMO. She probably thinks all men are evil perverts just waiting to rape someone.

Video Link

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NY - De Blasio, Vallone Call For Law To Protect Children From Sex Offenders In Libraries

Bill de Blasio

Original Article

Stop the insanity! If someone commits a crime in a library, then the probation / parole officer can tell them to not go to libraries! Stop punishing all who wear the label for the sins of a couple!

07/11/2012

By James Arkin

NYC officials are calling on the state legislature to ban sex offenders from children's reading rooms in libraries.

Public Advocate Bill de Blasio and Council Member Peter Vallone Jr. wrote a letter to the state legislature urging for a new law to protect children. The actions come after a man was arrested Saturday for molesting two girls in a library in Flushing last month.

Laws are currently on the books banning sex offenders from entering children's playgrounds. According to the letter from de Blasio and Vallone, banning offenders from libraries entirely have been found unconstitutional.

"This problem is real, and it's happening where parents trust their kids will be safe," said de Blasio in a statement. "A children's reading rooms should be off limits for a sexual predator just like a playground."
- No matter how many draconian laws you pass, if a "predator" wants to harm a child, none of the laws will prevent that!

The letter suggested that these incidents often go unreported. Vallone has previously been outspoken on the issue, as he called for cameras in children's sections of libraries after an incident at an Astoria library last year.

"It is common sense that we keep sexual predators away from areas where young kids congregate," Vallone said. "Children's rooms in libraries are really indoor playgrounds for growing minds, and our kids need every protection we can give them."

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WV - Hurricane sex-offender law might go too far

Original Article

02/09/2012

By Kate White

Ordinance could be Bill of Rights violation

CHARLESTON - Hurricane city officials adopted an ordinance this week prohibiting registered sex offenders from being within 500 feet of "child safety zones" -- which includes public libraries, swimming pools, movie theaters and bowling alleys.

Part of the law might have to be repealed, though, because a federal appeals court found a similar law unconstitutional last month.

"The First Amendment includes a fundamental right to receive information," a three-judge panel of the Denver-based 10th U.S. Circuit Court of Appeals wrote in an opinion on a sex offender law in Albuquerque, N.M. "By prohibiting registered sex offenders from accessing . . . public libraries, the city's ban precludes these individuals from exercising this right in a particular government forum."

Hurricane Mayor Scott Edwards said Thursday after learning about the recent court decision that he would address council members and "take that part out."

Edwards said he introduced the city law after hearing that sex offenders had been watching kids at local parks and pools.

"We got reports last year of registered sex offenders hanging out at the parks and those types of locations, watching kids -- sometimes even with binoculars," Edwards said. "We didn't have a law to make them leave, even though we knew it was wrong for them to be doing that. I knew I had to do something."
- You know, there are binoculars that can see further than 500 feet?  So this law, like usual, will really do nothing for those intent on committing some crime.

Edwards said City Council members unanimously approved the measure to keep registered sex offenders 500 feet away from schools and city recreational areas, such as conservation areas, jogging trails, hiking trails, bicycle trails, water parks, swimming pools, soccer fields and baseball and football fields.
- I wonder, since they have to pay taxes for many of these places, will they receive a tax break since they can no longer use the facilities?

Also off limits are public libraries, amusement arcades, video arcades, indoor and outdoor amusement centers, amusement parks, public or commercial and semi-private swimming pools, crisis centers or shelters, skate parks or rinks, public or private youth centers, movie theaters, bowling alleys and scouting facilities, according to the ordinance.
- Crisis centers and shelters?  So I guess if their is a hurricane or bad weather, ex-offenders are just left out in the weather to die, like what occurred to this man?

"They also can't loiter, which means they can't go outside the city park by 10 feet and sit with binoculars and watch," Edwards said.

Hurricane doesn't have a movie theater or a bowling alley, but Edwards said, "this will cover us in the future."

According to the West Virginia State Police website, there are 28 registered sex offenders currently living in Hurricane.

Continue reading page 2 of this article

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NM - U.S. appeals court says sex offenders have right to libraries

Original Article

01/20/2012

By Keith Coffman

DENVER (Reuters) - A federal appeals court ruled on Friday (PDF) that a policy barring registered sex offenders from public libraries in Albuquerque, New Mexico, was unconstitutional, a decision that could have reverberations across the nation.

"The First Amendment includes a fundamental right to receive information," a three-judge panel of the Denver-based 10th U.S. Circuit Court of Appeals wrote.

"By prohibiting registered sex offenders from accessing ... public libraries, the city's ban precludes these individuals from exercising this right in a particular government forum," the court said.

But the panel left open the possibility of allowing restrictions less stringent than an outright ban.

The case stemmed from a 2008 "administrative injunction" by then-Mayor Martin Chavez, who ordered city libraries to send letters to registered sex offenders holding library cards to tell them they were no longer allowed in libraries.

The policy was challenged by the American Civil Liberties Union (ACLU) on behalf of a sex offender who until the mayor's action frequently used the city's libraries to check out materials and attended lectures and meetings there.

Friday's decision could have nationwide implications, as the state of Iowa, three cities in Massachusetts and jurisdictions in North Carolina and Texas all have tried to enact some sort of sex offender library ban, according to an Indiana University law school article.

The opinion upholds a 2009 decision by U.S. District Judge Christina Armijo of New Mexico, who ruled the city went too far with its "complete and wholesale ban." The city appealed.

The appellate court noted in its 44-page ruling that the case "presents us with a difficult issue" because of the city's goal to protect the public versus First Amendment rights.

"We are sympathetic to the city's desire to ensure that its public libraries provide a safe, welcoming environment for its patrons, especially children," the judges wrote.

"We therefore are especially mindful that registered sex offenders, whom studies have confirmed have a considerable rate of recidivism, may threaten to shatter the peace and safety of this environment."
- More lies.  The recidivism rate of sex offenders is low, despite the BS lies spread by the media, politicians and police force.

However, the judges said city officials failed to look at other less restrictive approaches, including designating certain hours for sex offenders, requiring them to check in with library staff or restricting areas of the library that they could use.

Albuquerque Assistant City Attorney Gregory Wheeler said the city had adopted a less restrictive policy following the district court's ruling, so Friday's decision will have little immediate impact.

Nevertheless, the city is analyzing the ruling to decide whether to appeal to the U.S. Supreme Court, he said, adding, "We are always looking for ways to provide more protection."
- More "protection," or more punishment?

Peter Simonson, executive director of the ACLU of New Mexico, hailed the ruling.

"People have a First Amendment right to receive public information, and the government needs to explicitly justify its actions if it's going to infringe on such a fundamental right", Simonson said in a statement.

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MA - Vote nears on sex-offender ban at city library

Pollard Memorial Library

Original Article

09/26/2011

By Lyle Moran

LOWELL -- City councilors will hold a public hearing and likely vote tomorrow night on an ordinance that would limit the hours Level 3 sex offenders can spend in the city's Pollard Memorial Library.

The ordinance is one of several major items the council is slated to take up at its 6:30 meeting at City Hall. Councilors will also vote on a $10 million loan order for improvements at the Lowell Regional Water Utility and on a proposal to name an assistant city solicitor as acting city clerk.

The proposed "Library Child Safety Ordinance" would prohibit Level 3 sex offenders from being in the library from 2-6 p.m., on weekdays during the school year and every weekday during summer vacation from 9 a.m. to 1 p.m.

Level 3 sex offenders -- those deemed most likely to reoffend -- would also be barred from the library on Saturdays from 9 a.m. to 1 p.m., and during additional times for children's activities as determined by library staff.

Violators of the ordinance could be banned from the library for life and face criminal fines of up to $300.

The council's public-safety subcommittee, made up of Councilors Edward "Bud" Caulfield, Franky Descoteaux and Rodney Elliott, voted 3-0 in August to forward the library ordinance to the full council.

Elliott pushed for a sex-offender ordinance earlier this year after two incidents of sex offenders being arrested in the library within a year.

In March, a Level 3 sex offender was arrested for outstanding warrants for assault and battery with a dangerous weapon and failing to register as a sex offender. In August 2010, a sex offender was banned for life from the library after removing his tracking bracelet while in one of the facility's bathrooms.

Elliott wanted to see Level 3 sex offenders banned from the library at all times, but City Solicitor Christine O'Connor warned that a ban could be ruled unconstitutional.

A public hearing on a water loan order is also scheduled. The discussion and expected vote on the loan comes a month after councilors sent City Manager Bernie's Lynch request for a $26.2 million loan order to the finance subcommittee because of concerns about the rate increases that would accompany the package.

The original loan order would have required a 17 percent rate increase spread over fiscal 2013 and 2014, which would have boosted the average water bill from $248 per year to an average of $290 by July 1, 2013. The rate hikes to fund the debt service would have come after a council vote last November to raise water rates by 24 percent to fill a deficit in the city's Water Enterprise Fund.

Lynch presented a scaled-down loan order to the finance subcommittee earlier this month and said the new plan will not require any rate increases.

The council has approved $46 million in loan orders for water-facility improvements in the last 13 years. All but $4 million of the $46 million has been spent.

City councilors will also vote tomorrow on Mayor James Milinazzo's proposal to name Assistant City Solicitor Eric Slagle acting city clerk.

When Milinazzo brought a proposal forward to extend Acting Clerk Brian Leahey's tenure earlier this month, the council voted 6-3 to appoint Assistant Clerk Angela Gitschier instead.

Before the vote to appoint Slagle, the council will vote on whether or not to rescind its appointment of Gitschier.

The council will also hold a public hearing on a zoning amendment that would increase the frontage requirements for residential development in all neighborhood residential districts by 15 feet over the current standards to make it more difficult for developers to subdivide properties without local input.

Before the 6:30 council meeting, the council will hold a special meeting at 5 p.m. in the council chamber to discuss the new state law, that if accepted by communities, gives municipal managers the power to alter municipal health-care offerings with limited union input.

The council has instructed Lynch to work with the city's unions over the next three months to come up with a health-care agreement that will produce cost-savings for taxpayers.

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TN - Editorial: Narrowing focus of sex offender ban would make library policy stronger

Original Article

09/21/2011

The Knox County library system (Facebook) has barred anyone on Tennessee's sex offender's registry from entering any of its branches. Knox County Mayor Tim Burchett (Facebook), in consultation with library officials, came up with the policy after a state law allowing restrictions on sex criminals took effect July 1.

Knox County's library system is the first in the state to adopt a policy under the new law. Anyone on the state's sexual offender's registry who enters a Knox County library branch could face a charge of criminal trespassing. The policy allows sex offenders to check out materials through a proxy and to contact reference librarians by phone or email to get information from other library materials.

The county has a compelling interest in protecting children against sexual predators (but not all ex-sex offenders are child molesters and/or sexual predators), and we applaud Burchett for taking the initiative. However, though the desire to protect the youngest and most vulnerable of our society is important, more needs to be done to make sure the policy can stand up in court (and if a true predator wanted to harm a child in a library, they would, no law or library policy would prevent that). As it's now written, the policy appears overly broad and might not be able to withstand a legal challenge (if the Constitution was still worth anything, then yeah, this would be unconstitutional.  What is next, banning ex-sex offenders from stores to get food, because kids are present?).

The authorizing legislation lists three criteria that must be considered before restricting anyone's access: The policy must consider the likelihood of children being present at any given time, the age of the offender's victim and the possible chilling effect on other patrons if the offender were allowed access to the library.

The Knox County policy, which doesn't call for a review of the age of the offender's victim, falls short of the criteria established by the Legislature.

Federal courts have given libraries a special status as First Amendment forums. Last year a federal judge struck down a similar ban in Albuquerque, N.M., on grounds that it violated the First Amendment rights of those on that state's registry, primarily because the policy was overly broad.

Like the Knox County policy, the Albuquerque policy applied to all sex offenders, not just those convicted of crimes against children (even if the person did commit a crime against a child, it's still unconstitutional.  Like said above, are stores, gas stations, public restrooms, and other places next?). The local policy must be viewed as being equally vulnerable in court. The American Civil Liberties Union, which won the challenge to the Albuquerque law, has sent a letter to Burchett asking that the policy be rescinded.

There's an easy solution short of rescinding the policy, and one that we urge Burchett to adopt. The policy could be modified to ban offenders whose victims were younger than 18 when the crime was committed. That would narrow the ban to offenders who might target children, satisfying the state requirement that age be taken into account while not being too restrictive of First Amendment rights. All officials would have to do is check the court file of any registered sex offender who has a library card (but what if this was a Romeo & Juliet situation, or was many years ago without the person committing another crime?).

Banning from the county's libraries sex offenders who have victimized children is prudent (I disagree), but the policy as written invites costly litigation the county could lose. A narrower policy would be stronger in court and achieve the goal of protecting Knox County's youth.

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MA - New Bedford Library sex assault

This man looks like he has a low IQ and may be mentally challenged, and like usual, the media and the police officer in this video is making it look like all ex-sex offenders are like this person, THEY ARE NOT! No amount of laws will protect people from someone intent on committing a crime, and if you think they will, then you need to get off Fantasy Island.

Video Description:
Authorities in New Bedford, MA want to know why a convicted sex offender was out of jail and free to strike again.

Police say, 26 year old [name withheld] sexually assaulted a 6 year old boy at the New Bedford library on Wednesday.

Video Link

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TN - Knox bans registered sex offenders from county libraries

Original Article
Related Article
Update: ACLU to Burchett: Rescind your sex offender policy

09/13/2011

By Mike Donila

People listed on the Tennessee Sex Offender Registry are banned from visiting county libraries under an executive order issued Monday by Knox County Mayor Tim Burchett.

He said they can still use the county library system's online services and have a proxy check out and return materials on their behalf. But, they face arrest if caught inside the buildings.

"I just don't want them anywhere around our kids," Burchett said. "The ultimate decision is how we pursue it. I want to get out in front of this. There's no need to toil around with it. I don't want them anywhere around our kids."
- This is just the usual grandstanding to "look tough" on ex-sex offenders, while doing nothing. The only way to prevent ex-sex offenders from being around kids, is to sentence them to life in prison or house arrest, and even with house arrest, if a person is intent on committing a crime, they will.

The administration said the library system, which has 19 locations, is the first of the state's big four metropolitan library systems to put such a policy in place. The county, Burchett said, is taking advantage of a state law that went into effect July 1 that gives public library directors the authority "to reasonably restrict the access of any person listed on the sexual offender registry."

Officials will compare a list of registered offenders to its 150,000 active cardholders and then mail them notices, advising them of the change. State law says that a sex offender who enters a library five days after the notice is mailed can be prosecuted for criminal trespass.

In addition, the county also will post notices on the entrances to all its public library buildings.

Listed offenders on the state's registry include those convicted of sex crimes against children, rape, statutory rape, attempted rape, sexual battery, criminal attempt to commit statutory rape and solicitation to commit aggravated prostitution.

"People will say they've paid their debts to society, but they've given some of those kids a life sentence," Burchett said. "(Some of the) kids have been abused and they carry it with them for the rest of their lives. And I don't want to give (the offenders) a chance to be anywhere near them again."
- Once again, a Mayor making it appear as if all sex offenders are child molesting, pedophile, predators just waiting for a moment to pounce on your kids! That is a lie of course, but hey, anything to make himself look "tough" right?

Knox County Sheriff Jimmy "J.J." Jones agreed, saying he was pleased with the new policy.
- Of course he is, police think all people are criminals, and like everyone else, they don't want to speak out on anything pertaining to ex-sex offenders, it could cost them their jobs. But wait until one of their own family members is slammed with the scarlet letter, then you will see them change their minds, but, it will be too late then.

This is a dirt bag!

"I applaud the state of Tennessee for putting tougher regulations on these dirt bags who prey on our children," he said.
- You see, even he thinks all ex-sex offenders are child molesting, pedophile, predators! If you ask me, it's people like this sheriff and mayor who are the "dirt bags!"

Officials say they can't recall an incident at the library that involved a sex offender, but communications manager Michael Grider said the Knoxville Police Department is investigating a complaint made roughly a month to six weeks ago.

Grider said a girl in her early teens was at the Bearden branch when a man told her he was having car troubles and asked her for help. The girl later that day told her parents and then they talked with the library staff. The police were called to investigate.

Grider said at this point no one knows who the man was or whether he was a sex offender, but that the incident was troubling enough to look into.

"We have always been concerned about the safety of our patrons," said county Library Director Myretta Black. "Our staff is well trained to ensure a comfortable and secure environment, particularly when it comes to our children. This new state law is a tool to heighten security where registered sex offenders are concerned,"

Sixth Judicial District Public Defender Mark Stephens said Monday he doesn't question the county's purpose of ensuring public safety, but he questioned whether the move was constitutional.

"A regulation like this proposes too broad a ban to include people who impose no threat to library goers," he said. "A ban like this would have to be so narrowly tailored to avoid infringing on the rights of those people who don't present a risk, and the Knox County proposed ban doesn't meet that test."

Stephens said a New Mexico district court recently ruled that a similar ban in Albuquerque was unconstitutional.

Click to enlarge

Additionally, he said courts have held that public libraries are limited public forums, which means the First Amendment protects peoples' rights to use them.

When asked whether the county's plan unfairly punished those whose crimes were not child-related, Burchett said: "Sometimes people plead down to lesser offenses. My main concern is protecting innocent people, and all we're doing is enforcing state law and going after it very aggressively. I don't know how you'd differentiate. The state can work that out."
- You'd start by tailoring the law to only those who have committed a sex crime against a child, but hey, that's only common sense, which politicians do not have, and even then, it still would not protect kids from someone intent on committing a crime! If you were truly "concerned" about protecting innocent people, then you'd have to ban ex-offenders from going anywhere, like grocery stores, malls, gas stations, etc. Those have innocent people as well, but, this is not about "protecting" innocent people, it's about grandstanding to help yourself, IMO.

Officials with the American Civil Liberties Union of Tennessee did not return calls seeking comment Monday.

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IN - Bill would ban sex offenders from public libraries

Original Article

01/19/2011

By David L. Hudson Jr.

Registered sex offenders would be banned from Indiana public libraries if Rep. David Yarde has his way.

This month Yarde introduced H.B. 1100 (PDF), which would create the criminal offense of “sex offender library trespass.”

The measure provides: “A registered sex offender who knowingly or intentionally enters a public library commits sex offender library trespass, a Class D felony.”

The bill does allow for an exception for entering public libraries to vote as long as the offenders don’t remain in the libraries longer than is necessary to vote.

If the measure gains any traction in the Legislature, it will be interesting to see whether someone will mount a constitutional challenge to it. In New Mexico, a registered sex offender represented by the New Mexico ACLU successfully challenged a complete ban on sex offenders in public libraries in Albuquerque. The mayor had established the ban by executive order.

In Doe v. Albuquerque (PDF), a federal district judge in New Mexico ruled in May 2010 that the ban infringed on Doe’s First Amendment right to receive information and ideas from public libraries.

“The Court concludes that the regulation in this case, as specifically written, which is a complete ban against registered sex offenders in any and all City of Albuquerque public libraries, is not narrowly tailored, nor does it leave open ample alternative channels for communication,” Judge M. Christina Armijo wrote.

However, in a case involving public parks, the 7th U.S. Circuit Court of Appeals ruled that the city of Lafayette, Ind., did not violate the First Amendment when it excluded a known sex offender from city parks. The 7th Circuit found in Doe v. City of Lafayette (PDF) that Doe’s First Amendment rights were not violated because Doe did not go to the parks to express himself. The court majority reasoned that “because there is no expression at issue, First Amendment doctrine simply has no application here.”

Undoubtedly many sex offenders wish to go to public libraries to read and check out books. So there is an expressive-related reason for sex offenders to go to the library.

Under modern First Amendment law, a complete ban on sex offenders appears constitutionally problematic.

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NM - City, ACLU spar again over library policy on sex offenders

Video Link

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NM - Court rules sex offender library ban unconstitutional

Original Article

04/01/2010

By Matthew Reichbach

A Second District Court Judge ruled today that Albuquerque’s regulation banning sex offenders from libraries is unconstitutional. The law would create “an unacceptable risk of the suppression of ideas” and infringe upon the First Amendment rights of the sex offenders.

The ACLU of New Mexico (ACLU-NM) challenged the law and praised the decision by Judge Christina Armijo.

“No one questions the City’s purpose of ensuring public safety, but this regulation sacrificed library access for too many people who present no threat to library goers,” said ACLU-NM Executive Director Peter Simonson in a statement following the ruling. “A regulation like this must be narrowly tailored if it is going to infringe on a right as fundamental as the public’s ability to receive information. For many people, public libraries are, as one court put it, ‘the quintessential locus of the receipt of information.’”

The ruling enjoins, or prohibits, the city of Albuquerque from enforcing the regulation.

The ACLU highlighted a part of Trujillo’s decision:

“This Court has struggled in this case to strike the proper legal balance between competing interests… On one side of the equation here is the City, which no reasonable person could or would contend does not have a legitimate and compelling interest in…protecting children from harm, danger and crime, especially crimes of a sexual nature. On the other side of the equation is a group of individuals that, no matter how reviled, nevertheless possesses certain constitutional rights. When those rights are burdened or, in this case, wholly extinguished by an action of government, this Court has an obligation to scrutinize the facts and the law closely, carefully, and objectively to ensure that, whatever the end result, it is just. In this case, having done just this, the Court concludes that the City’s regulation, as currently written and in its present form, cannot stand.”

Former mayor Martin Chavez created the regulation in 2008 with an executive order.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

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