Justices hear challenge to sex offender zoning

Wednesday, March 25, 2009
By MARY FUCHS
THE STAR-LEDGER

TRENTON - Lawyers for towns with laws controlling where convicted sex offenders can live yesterday told the state Supreme Court the laws are needed to protect children, while critics said they could leave many offenders homeless.

The court heard arguments on whether 118 towns can keep these restrictions. In Hudson County, Jersey City, Bayonne, East Newark, Guttenberg and Secaucus have all enacted such laws. Jersey City's ordinance, adopted in 2006, is written with so many restrictions that sex offenders effectively can't live anywhere in the city.

The suit centers on rules in two towns - Cherry Hill and Galloway - that prohibit sex offenders from living within 2,500 feet of a school or park and subject offenders to hefty fines, jail time and community service if they don't relocate immediately.

Demetrios Stratis, a lawyer for Galloway, said there's a "gap" in Megan's Law, which mandates notification of communities when sex offenders move in, because it "does not define" where sex offenders are "tempted to recommit" a crime.

And critics believe forcing sex offenders to move makes it harder for them to recover and more likely to commit crimes.

Lynette Siragusa, with Legal Services of New Jersey, said sex offenders have few places to go when asked by their town to move.

"All of our clients face imminent homelessness because they do not have the financial resources to relocate to other areas," said Siragusa.

Justice Barry Albin warned that these local laws might be too stringent and might exclude sex offenders completely from certain towns - which is against the law.

"No municipality can deny a convicted sex offender housing accommodations," said Albin.

If the court strikes down the local bans, state lawmakers could enact them for every town. Assembly Majority spokesman Derek Roseman said bills in the Judiciary Committee have been stalled because of the case before the court.