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CONCORD, N.H. -- A Franklin city ordinance barring sex offenders from living within 2,500 feet of a school is unconstitutional, a judge has ruled.
Merrimack Superior Court Judge Larry Smukler ruled last week that city officials failed to show that the restriction protects children.
Registered sex offender William Thomas and the New Hampshire Civil Liberties Union Foundation sued Franklin city officials who sought to enforce the 2007 ordinance after Thomas and a companion moved to Franklin from Massachusetts in 2010.
Thomas was convicted 27 years ago of sexually assaulting a minor in Massachusetts and spent three years in prison.
When he registered as a sex offender in Franklin, officials told him that he had 30 days to move out of his apartment because it was within 2,500 feet of a school. He had signed a two-year lease and told his landlord he was a sex offender.
The court granted Thomas a preliminary injunction in December 2010. The court's ruling now makes that injunction permanent.
Franklin City Manager Elizabeth Dragon said city officials are considering redrafting the ordinance. The ordinance bans sex offenders from living within 2,500 feet of a school, day care, playground, athletic field, public beach or municipal ski area.
New Hampshire state law requires sex offenders to register with the police department where they reside but puts no restrictions of where they may live. The court noted in its ruling that Thomas has never failed to comply with the sex offender registration requirement.
Attorney Barbara Keshen, director of the NHCLU Foundation, said city officials will be hard-pressed to frame an ordinance that passes constitutional muster.
"There have been so many empirical studies done around whether those restrictions protect children," Keshen said. "Virtually all have said there's no correlation. It's bad public policy."
The NHCLU several years ago succeeded in striking down a similar ordinance in Dover.
Keshen stressed that she and Thomas didn't challenge the provision of the Franklin city ordinance requiring sex offenders to obtain permission before entering a school. Keshen said that policy "makes sense."
Franklin City Councilor Jeffrey Rabinowitz, who supported the ordinance in 2007, said before its passage that he hadn't seen any evidence that it would protect children.
The Jan. 18 ruling quotes Rabinowitz as saying the ordinance would "give a false sense of protection."
Read more: http://www.wmur.com/news/30287531/detail.html#ixzz1kPEa36hX
Merrimack Superior Court Judge Larry Smukler ruled last week that city officials failed to show that the restriction protects children.
Registered sex offender William Thomas and the New Hampshire Civil Liberties Union Foundation sued Franklin city officials who sought to enforce the 2007 ordinance after Thomas and a companion moved to Franklin from Massachusetts in 2010.
Thomas was convicted 27 years ago of sexually assaulting a minor in Massachusetts and spent three years in prison.
When he registered as a sex offender in Franklin, officials told him that he had 30 days to move out of his apartment because it was within 2,500 feet of a school. He had signed a two-year lease and told his landlord he was a sex offender.
The court granted Thomas a preliminary injunction in December 2010. The court's ruling now makes that injunction permanent.
Franklin City Manager Elizabeth Dragon said city officials are considering redrafting the ordinance. The ordinance bans sex offenders from living within 2,500 feet of a school, day care, playground, athletic field, public beach or municipal ski area.
New Hampshire state law requires sex offenders to register with the police department where they reside but puts no restrictions of where they may live. The court noted in its ruling that Thomas has never failed to comply with the sex offender registration requirement.
Attorney Barbara Keshen, director of the NHCLU Foundation, said city officials will be hard-pressed to frame an ordinance that passes constitutional muster.
"There have been so many empirical studies done around whether those restrictions protect children," Keshen said. "Virtually all have said there's no correlation. It's bad public policy."
The NHCLU several years ago succeeded in striking down a similar ordinance in Dover.
Keshen stressed that she and Thomas didn't challenge the provision of the Franklin city ordinance requiring sex offenders to obtain permission before entering a school. Keshen said that policy "makes sense."
Franklin City Councilor Jeffrey Rabinowitz, who supported the ordinance in 2007, said before its passage that he hadn't seen any evidence that it would protect children.
The Jan. 18 ruling quotes Rabinowitz as saying the ordinance would "give a false sense of protection."
Read more: http://www.wmur.com/news/30287531/detail.html#ixzz1kPEa36hX
deleted_user
I have to say I am IMPRESSED!!!
nathanrabalais
here here it's about time this happens hope other states do the same thing as well and learn from this i live half a block from an elementry and two blocks from a park and i've had no problems at all with the cops or anything about this at all
deleted_user
I hope that more places realise this. It is foolish to believe that living so far from a school is going to make any difference. The only thing it will do is make it impossible for any SO to find a place to live!
nathanrabalais
only place they want SO's are either in prison or very very far away so they have this law to make it impossible for SO's to find a place to live homeless shelters are filled with RSO's for this reason if this bill passes SO's can live prety much anywhere but this is a bill that needs to be watched and SO's the in new hampshire you need to watch this bill and also attend sesions where this bill is bought up and speak to those who are looking at the bill your voices need to be heard new hampshire speak proud and speak loud and make sure this bill passes
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