Vindication...for now

Judge paves way for enforcement

07/26/2006 -

By Dave Williams
Staff Writer
dave.williams@gwinnettdailypost.com

ATLANTA — A federal judge Tuesday lifted an order preventing the state from enforcing a major portion of a new law cracking down on sex offenders.

But U.S. District Judge Clarence Cooper’s ruling appeared to leave open the possibility that he ultimately could reject the provision, which prohibits registered sex offenders from living within 1,000 feet of school bus stops.

The law, which took effect July 1, increases prison sentences for defendants convicted of sex crimes involving children. When they finally are released, it imposes stricter monitoring requirements, including lifetime electronic monitoring for the worst offenders.

The law also contains restrictions on where registered sex offenders can live and work to keep them away from places where children congregate, including schools, day care centers, playgrounds and churches.

However, civil rights activists sued in federal court over a provision prohibiting sex offenders from living within 1,000 feet of school bus stops and won a temporary restraining order preventing that part of the law from being enforced.

During a two-day hearing before Cooper earlier this month, lawyers for the Southern Center for Human Rights argued that there are so many bus stops across the state that the vast majority of the 11,000 registered sex offenders living in Georgia would be forced to move.

But lawyers representing the state lined up a series of school district transportation officials to testify that none of the bus stops in their counties had been formally designated by their local boards of education.

The law specifies that the residency prohibition on sex offenders only applies to such designated school bus stops.

“The Georgia legislature provided a definition of school bus stop in the act,’’ Cooper wrote in Tuesday’s ruling. “The court is bound to apply that definition as written and must presume that the legislature means what it says.’’

However, the judge went on to assert that local law enforcement agencies cannot enforce the residential buffer provision until local school boards designate school bus stops.

In light of Tuesday’s ruling, House Republican leaders — who spearheaded the push for the law — urged school boards to do just that.

“We anticipate local school districts will take whatever steps necessary to officially designate school bus stops with the goal of locating those stops as far as possible from the residences of convicted sex offenders,’’ Speaker Glenn Richardson, R-Hiram, and House Majority Leader Jerry Keen, R-St. Simons Island, said in a joint statement. “Working together, we can ensure a safe environment for our children.’’

But Robert Phillips, school superintendent in rural Miller County, said coming up with a definitive list of bus stops won’t be a simple task. Echoing testimony heard during this month’s court hearing, Phillips said bus stops tend to change during the school year.

“We could come up with a resolution at the beginning of the year,’’ he said. “But changes during the school year just kind of happen.’’

In a prepared statement, the Southern Center for Human Rights took solace that Cooper’s ruling did not order local school boards to produce a list of designated bus stops.

“The function of a school board is to make our schools function, not to act as the police,’’ the statement said. “It’s up to the sheriffs to protect public safety.’’

The statement also cited criticism of the law delivered by law enforcement officials who testified during the hearing.

Those witnesses said they were afraid that imposing such tight residential restrictions on registered sex offenders would prompt many to stop reporting to their parole officers, making it harder to keep track of them.