ACLJ Pleased N.J. Supreme Court Takes Major Case Protecting Children from Convicted Sex Offenders
WASHINGTON-(Business Wire)-January 23, 2009 - The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it is pleased that the New Jersey Supreme Court has decided to take a case involving an ordinance by the Township of Galloway, N.J. which is designed to keep convicted sex offenders away from children. The ACLJ represents the Township of Galloway and asked the state’s high court to take this case to uphold the ordinance, which was struck down by lower state courts.
“The fact is that the ordinance in question is a legal and proper method of protecting children from convicted sex offenders,” said Jay Sekulow, Chief Counsel of the ACLJ. “Galloway’s ordinance is in agreement with New Jersey law and the lower court decisions are flawed on many levels. The town has the right and duty to act on behalf of its children if it believes that the state action is insufficient as long as the municipality’s ordinance does not conflict with state law. We’re hopeful that the state’s highest court will uphold the Galloway ordinance and take the necessary action to protect the children of New Jersey.”
In 2005, the Township of Galloway enacted the ordinance which created a buffer zone of 2,500 feet between the residences of convicted sex offenders and places where children normally congregate, specifically, schools, playgrounds, parks and day care centers. The ordinance was intended to compliment “Megan’s Law” which requires anyone convicted of committing a sex crime against a minor to register in the community in which he or she resides. “Megan’s Law” was upheld by the New Jersey Supreme Court in 1995. The trial court overturned Galloway’s buffer zones, holding that they constitute additional punishment to the sexual predator who already has paid his or her debt to society.
The case was appealed to the New Jersey Appellate Division and that court upheld the findings of the lower court. The convicted sex offender in the case – referred to as “G.H.” – is represented by the ACLU of New Jersey which argued that “Megan’s Law” comprehensively regulated the post-prison behavior of sex offenders so that Galloway has no authority to legislate in this area.
In arguments before the appeals court last March, the ACLJ argued that Galloway’s buffer zones complimented “Megan’s Law.” The ACLJ noted that while sexual predators would be limited in where they could live within the town, they were prohibited from living only in those areas which are frequented by children such as near schools, playgrounds, day care centers and parks. The ACLJ contends that unlike those who commit other crimes, there is substantial evidence that sex offenders repeat their crimes.
The case before the New Jersey Supreme Court is G.H. v. Township of Galloway.
More than 100 municipalities across New Jersey have enacted similar laws like the one in Galloway and are awaiting the outcome of this case.
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org.
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