ACLU Files Lawsuit Challenging Residency Restriction of Sex Offenders

ACLU Files Lawsuit Challenging Residency Restriction of Sex Offenders

The ACLU of Rhode Island has filed a class action lawsuit to challenge the constitutionality of a newly enacted law which makes it a crime for certain sex offenders to reside within 1,000 feet of as school.

Read a Copy of the Complaint Here

The suit was filed in U.S. District Court by ACLU of RI cooperating attorneys Lynette Labinger and John Macdonald and argues that residency probation placed on all level three sex offenders is unconstitutionally vague, violates due process, retroactively punishes those who have completed their sentences, and interferes with "liberty and privacy while bearing no rational relationship to purpose."

“We believe that this law is unconstitutional on its face and deeply flawed from a public safety standpoint.  Numerous empirical studies have consistently shown that these residency restrictions do not prevent crimes but simply increase homelessness and lesson public safety," said Attorney Macdonald.

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As part of the lawsuit, the ACLU has requested a restraining order to halt the law's "inconsistent" and "arbitrary" implementation before any more individuals are moved from their homes.

ACLU is Not Alone

Joining the ACLU in the announcement of the lawsuit were the Rhode Island Coalition for the Homeless, OpenDoors, and House of Hope CDC.

“This new law not only imposes a stronger barrier to overcome to help homeless shelter residents obtain housing, but threatens to increase the number of shelter residents by eliminating the stable housing they have and causing them to enter an already overcrowded homeless shelter system," said Jim Ryczek, executive director of RICH.

The law was approved by the Rhode Island General Assembly in June and signed into law by Governor Gina Raimondo. Previously, level three sex offenders were prohibited from living within 300 feet of a school.

“People affected are being forced out of their apartments; some are homeowners, have families, are sick, disabled, and some live in nursing homes. Some are family caretakers. They have served the sentence imposed for their crimes and are known to law enforcement due to sex offender registry laws. This law will further destabilize this population," said Sol Rodriguez, executive director of OpenDoors.

Editor's note: A previous version had that the Coalition for the Homeless, Open Doors, and House of Hope joined ACLU in filing the suit. The updated story reflects that they were on hand to join the ACLU for the announcment, as only the ACLU filed the suit.