ALBANY — The state’s highest court ruled Tuesday that state law restricting the residency of registered sex offenders supersedes local and county laws, rendering them obsolete.
The 5-0 decision by the Court of Appeals marked defeat for Nassau County and any other municipality in New York state hoping to restrict the offenders to within certain distances of schools, parks, playgrounds, daycare centers and other places where children are likely to be. Full Article
I have to say that I’m surprised some jurisdictions have not attempted to pass laws which would allow registrants to live freely, but only in certain designated communities. Of course it would be unconstitutional, but how would it be any more unconstitutional than making laws which mandate where one CAN’T live?
I have heard that the entire reason why registration laws are not unconstitutional (especially for those us us who had completed sentences decades before any such laws were passed) is that it is not deemed to be additional “punishment”, but rather simply a “public safety measure”.
Much like Supreme Court Justice Potter Stewart who once said in regards to pornography “I know it when I see it”, I can tell you that I know punishment when I feel it. Please spare me the linguistic gymnastics of saying that registration, aimed at one specific target group of former offenders is “not a punishment but a public safety measure”.
Where have I heard this before? “the state’s intent to occupy the field.” Janice, you are having a far reaching impact for the good of the citizens of this nation, even though many just don’t get it, like those un american dummies in Carson.
I’m happy to discover the victims of the registry in NY have an advocate.
This is obviously a terrific decision and it is about time. And: I seem to recall we are hoping for something similar around March 2nd right here in California.
Doesn’t sound like California is the first to do things that are right for it’s citizen anymore!!!!!!!!!!!
NewYork just hosted the basketball all-star game and this is a slammmmmmDunk for the Constitution … ….also when you look at the best of Clark 11/2014 comments…compared the arguments and outcome should be similar that HomeRunned the presence restrictions kalifornika……for this from NewYork is Giant.
Avig, may your words come true for all of California’s registered citizens.
May Justice Baxter be struck by a bolt of enlightened reason and fervor for the U. S. Constitution.
Thank You Janice for Posting this Article I’m glad You all commented. I thought it was an Interesting Read.
Pray for the Under Dog.
I’m tired of young men being over charged because they have sex with a girl who is 16 and they are 21. Growing up I always heard girls mature faster then boys by 4yrs. And the computer world has made our youths aware of real life twice as fast as my generation. I’m a 50,year old man when I was a kid I didn’t know 1/3 of watching this generation does.The newspaper published a story about sexual activity of 6th 7th and 8th graders sexual activity and I was in shock but why do we keep laws from the 1800’s when we have progressed knowledge and computers have taken our childrens childhood and cut it in half no kid believes in Santa the easter bunny or the tooth fiary past 8 or 9 years old. But they are wearing clothes that teenagers wore when In was a kid grow with the times and help our kids don’t destroy there life’s by over charging them. With a rape charge that isn’t rape-