Federal judge rules sex offender residency law is unconstitutional
PROVIDENCE, R.I. (WJAR) — A state law that makes it a crime for Level 3 sex offenders to live within 1,000 feet of a school was ruled unconstitutional by a federal judge on Thursday.
The American Civil Liberties Union of Rhode Island challenged the statue when it was first enacted in 2015, and it's been subject to a preliminary injunction barring its enforcement since then.
Currently in Rhode Island, state law says sex offenders are barred from living within 300 feet of a school. In the wake of Thursday's ruling, it will not be going up to 1,000 feet.
Some residents said they believe it should be even more than 1,000 feet.
"That's probably the most vile crime that could happen to a child and I think we should be strict and stronger on that sort of thing," said David Campbell, a resident.
The federal judge found that the statute would require individuals subject to the law to guess whether they were in compliance with it, and potentially face a criminal trial if guessed wrong.
"Judge McConnell today ruled that summary judgement should be granted for the plaintiffs, essentially us, on the basis of a constitutionally void for vagueness statue," said Attorney John MacDonald.
However, one of the biggest concerns was that the law would cause a massive displacement.
"The way the original statue read, over 60% of the greater Providence area was off limits," explained MacDonald.
At the time the suit was filed, housing rights advocates also agreed that by pushing individuals out of their homes and limiting where they could live, the law would encourage homelessness and make it more difficult for law enforcement to monitor offenders.
"Increasing residency restriction from 300 to 1000 feet, lawmakers actually created the potential of a public safety hazard, with registered sex offenders no longer living in stable housing but essentially homeless," MacDonald said.