Can sex offenders be prohibited from living near schools?
December 3, 2008

This remains open to debate. Many communities have demanded that state and local governments pass laws restricting convicted child sex offenders from living near schools and other places where children congregate. Others adamantly believe that such laws are unconstitutional and ineffective to protect children. Iowa and Oklahoma have adopted residency restrictions, and a recent Iowa case upheld the state law. Other states, such as New York, are considering residency restrictions. A Georgia law was declared unconstitutional, and a local zoning ordinance in New Jersey was invalidated because it was preempted by state law. Look for continuing litigation in this area as community groups push for residency restrictions, while equally determined opponents fight them on constitutional and other grounds.

If you have questions, please contact:
John Wise, Esquire

jwise@tandllaw.com
(410) 752-2468