ACLU warns Huachuca City about sex offender law
Town bans registered sex offenders from public facilities
Town bans registered sex offenders from public facilities
Reporter: Claire Doan
HUACHUCA CITY, Ariz. (KGUN9-TV) – The American Civil Liberties Union is considering bringing a lawsuit against the town of Huachuca City over a law that bans sexual offenders from public places.
The ordinance creates “child safety zones” by banning all registered sex offenders from schools, parks, libraries, pools, gymnasiums and sports facilities. Sex offenders must pay $100 fine per violation; repeat offenders will be charged with trespassing.
“I don’t think it’s right for sex offenders to be around schools or anywhere close to schools or parks, where the kids are,” said Shirley Wood, the grandparent of a child who attends Huachuca City School.
Wood knows firsthand the devastating long-term effects of being abused and explains why she supports the city code that went into effect late October. “When I was a kid I had a family member who molested me. I know exactly what it feels like. I don’t’ want my grandchild going through it.”
However, in its letter to the Huachuca City Mayor, the ACLU argues that officials should “consider less restrictive means to accomplish the presumed goals of ordinance.”
Dan Pochoda, the legal director of the ACLU of Arizona, told KGUN9 News the blanket law fails to take into account the varying severities of sexual offenses, such as an 18-year-old having sex with a teenager who is considered a minor. Furthermore, Pochoda said the law punishes criminals after they’ve already served their time.
“[These laws] can go so far as prohibiting such persons from being able to participate in any activity into the public sphere. When it gets to that point, we believe there are some Constitutional implications,” Pochoda said.
Pochoda said the ACLU will be further researching Huachuca’s ordinance to see if it merits a lawsuit.
Mayor Byron Robertson argued that the code makes exceptions, allowing sex offenders to vote at libraries, pick their kids up from school or even talk to a teacher about their kid. He said that so far on resident has complained about the code, and the town has every intention of defending itself in court.
“I was asked one time how much money we are willing to put behind this. My response to that is, ‘How about innocence. How much does that cost?’” Robertson said.
The impetus for the ordinance stems from a September incident in which a registered sex offender spent time loitering around a public pool and taking photographs, making parents and children uncomfortable.
The Mayor said he welcomes the additional attention to the ordinance as a result of the ACLU’s concerns, which may convince other towns to adopt similar codes.
“It’s the best thing that could’ve happened t this ordinance. The more it gets out there, the more it’s heard, the more people realize it’s a good thing,” Robertson said.
Woods believes that the ordinance at the very least brings her peace of mind – and said the rights of children should be prioritized over those of sex offenders.
“They’ve given that right away. If they’re going to do that, then they shouldn’t have any rights.”
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