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July 01, 2006

GA: Judge Voids Provision Requiring People Convicted of Sex Offences to Move

Georgia appeals striking of 'bus stop' rule
By JILL YOUNG MILLER
The Atlanta Journal-Constitution
Published on: 06/30/06

Georgia today appealed a federal judge's decision to revoke a portion of new Georgia law designed to prevent sex offenders from living near school bus stops.

Attorney General Thurbert Baker filed the appeal with the 11th Circuit Court of Appeals in Atlanta.

The voided legislation, scheduled to go into effect Saturday, would have made it illegal for any person on Georgia's sex offender registry to live within 1,000 feet of a school bus stop. On Thursday, U.S. District Judge Clarence Cooper entered a temporary restraining order preventing enforcement of that provision of the new law, meaning registered sex offenders who live near school bus stops can stay in their homes.

The voided provision would have forced many felons to leave their homes or face possible arrest and 10 years or more in prison.
Cooper said in his order that he expects law enforcement officers to comply with his ruling.

Cooper also provisionally certified the sex offenders as a legal class for a lawsuit filed last week seeking to permanently stop enforcement of the new law's bus stop provision. The next hearing on the matter is scheduled for July 11.
Georgia's sex offender registry includes more than 10,000 people. It's not known exactly how many live within 1,000 feet of a school bus stop.

House Majority Leader Jerry Keen (R-St. Simons Island) sponsored the law, which the General Assembly approved this spring.

"We passed tough restrictions that will protect our children from convicted sexual criminals," Keen said in a prepared statement Thursday. "I am confident that the court's final decision will vindicate the Legislature's efforts to protect our children as they go and come from school each day."

On Monday, Cooper granted a temporary restraining order to prevent enforcement of the bus stop provision, but his order only applied to eight registered sex offender who filed a federal lawsuit against the governor and others last week. Thursday's ruling extended the restraining order to protect all registered sex offenders who live near school bus stops.

Cooper's ruling earlier this week raised questions about the constitutionality of the sex offender law. "While the Court recognizes and appreciates the importance of protecting the public, the Court cannot approve of doing so in a manner that offends the Constitution," he wrote.

The lawsuit, filed by the Atlanta-based Southern Center for Human Rights and the American Civil Liberties Union of Georgia, contends that enforcement of the bus stop rule would drive thousands of sex offenders from their homes.

In recent months, some sheriffs have spoken out against the bus stop provision, saying it would be unenforceable and cause them to lose track of some sex offenders who would be forced to uproot.

Last week, DeKalb County Sheriff Thomas Brown said all 490 sex offenders in his county would have to move. On Thursday, Brown said Cooper's order "gives us an opportunity to better research the implications of that particular piece, and I think the judge was wise. And he was wise with a great deal of courage."

Forsyth County Sheriff Ted Paxton said the ruling will have little effect on his deputies this weekend. Last week, he stopped delivering notices to sex offenders until the school district finishes adjusting its list of more than 1,000 bus stops. Currently, of 68 registered sex offenders, 64 would have had to move, most because of bus stops. The delay will allow the school district to refine its list and the courts to sort out the law, he said. "We'll be waiting until we get clarification," Paxton said. "For now, things stay as they were."

Heather Hedrick, spokeswoman for Gov. Sonny Perdue, said in response to Cooper's order Thursday: "Enforcement of new Georgia laws can be complex, but Gov. Perdue believes that we should always err on the side of protecting children."

The state's sex offender registry requirements, even with the judge's order, "remain the toughest in the nation," Hedrick said.

On Thursday, Lisa Kung, director of the Southern Center, said, "We're confident the court's going to find the law unconstitutional." She called Cooper's order Thursday "a solid, well-reasoned step by the court. And we are grateful that this court has recognized it's in the interest of public safety not to kick people out of their homes while he makes his decision."

Under current Georgia law, registered sex offenders can't live within 1,000 feet of child care centers, schools and places where children congregate. The new law goes much further, with employment and loitering restrictions and a broader definition of areas where children congregate, including school bus stops.

"Remember that under the old law people on the registry have already moved away from schools and playgrounds," Kung said. "The court has made it clear that what we need right now is to maintain stability."

— Staff writers Nancy Badertscher, Doug Nurse, Yolanda Rodriguez and David Simpson contributed to this article.

Shortcut to: http://www.ajc.com/metro/content/metro/stories/0630metsexjudge.html


Posted by lois at July 1, 2006 09:02 PM

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