Sandusky seeks to bar sex offenders from living near city parks

Jason Singer's picture
12:26 AM
Aug 22
2010
Register file photo/JASON WERLING
Sandusky

The city commission may approve a law Monday night that would prohibit sex offenders from living within 1,000 feet of city parks.

Because the city has 55 parks covering about 660 acres, the law would severely limit places sex offenders could live within city limits.

Commissioner Pervis Brown, who proposed the law, said Sandusky must protect its children "by any means possible."

"You've got little children and kids at these parks -- and we have these people in these areas and we know that they're there -- and we should be able to monitor them," Brown said. "We've got to protect our children."

The city would be one of the first in Ohio to approve such a law.

The local law would supplement state law, which prohibits sex offenders from living within 1,000 feet of schools and child day cares.

But other cities have had trouble enforcing these types of laws, interim city manager Don Icsman said, and he cautioned residents and officials about getting too optimistic.

"Other places have done it, and it hasn't been smooth sailing," Icsman said. "So I wouldn't want you to think that it would be (here). I just don't want to make promises and then under-deliver."

Lorain is one of those cities that has struggled: The city recently approved an ordinance -- much like Sandusky's proposed law -- that prohibits sex offenders from living within 1,500 feet of parks.

But a complex web of laws, court cases and dates has made it difficult for the Lorain County Sheriff's office to enforce that ordinance, officials said.

The laws "grandfather" people in, so depending on when offenders committed a crime or moved into a house, one or all of the laws might not apply to them.

In July, the Lorain Law Department sent out letters telling 25 offenders they were violating the law, only to send out secondary letters admitting it made mistakes in some cases. Officials are still working on who's in violation of Lorain's law and who isn't.

"We are re-examining the whole list," R.J. Budway, Lorain's assistant law director, said.

Another issue involves whether these laws actually work. Most experts and data say they don't.

Dr. Fred Berlin, founder of the Johns Hopkins Sexual Disorder Clinic, said trying to solve pedophilia by restricting where people live is like trying to solve alcoholism by prohibiting drunk-driving offenders from living near bars.

"Let me make it clear that we do need to have a strong criminal justice approach to it," Berlin said, but legislating where they live won't solve the problem.

Statistics support Berlin's stance.

The Minnesota Department of Corrections examined new sex offenses by offenders released between 1990 and 2005 and found only 12 percent established contact with the victims within one mile of their homes, and none did so near a school, park or playground.

The Colorado Department of Public Safety found sex offenders who committed new crimes did not live significantly closer to schools or day cares than offenders who did not re-offend.

The Colorado study, like others, also found sex offenders with greater social support and stability were less likely to commit new crimes.

That's part of the reason groups such as Association for the Treatment of Sexual Abusers oppose residency restrictions -- they often force offenders to live in rural areas, far from their families, available jobs or reliable transportation, which increase the chances they'll commit another sex offense.

In this way, residency restrictions can actually make things worse, experts said.

Erie County assistant prosecutor Mary Barylski agreed residency restrictions pose their own challenges, especially in places like Sandusky, where schools, day cares and parks are numerous. But she still thinks the laws are necessary.

"They may not have cars, and the jobs aren't available out in the country, which makes it difficult for the offender," Barylski said earlier this year. "But you're still looking at who we're trying to protect, and we're trying to protect the children."

Comments

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Exxcellent's picture
Aug 23, 2010
04:13 PM

Exxcellent says

Yep, identify them!  

Tattoo on their forehead P E R V E R T!

I am not joking either.

Exxcellent
SMH-FML's picture
Aug 23, 2010
11:34 AM

SMH-FML says

I HAVE A QUESTION ..... When someone gets a DUI, they get "party plates".  The yellow plates that let people know they were caught driving under the influence.  I know it's not foolproof, because they can borrow someone's car to drive, etc. However, I have heard this idea thrown around for sexual - based offenders and I know it's a little off topic but  I am just wondering what everyone thinks of this.  Honestly, myself, I am not really sure but I think the concept is kind of "outside the box".  I have heard offenders were fearful they would be targeted, but wouldn' t dui drivers possibly face the same or do they ? Not sure, but I thought it would be an interesting topic.  Let me just add i have never had a dui nor am i an offender. !! I am not saying giving sex offenders special plates is a good idea, I really don't have an opinion or have enough facts to base an opinion, i'm just wondering what everyone thinks!

Julie R.'s picture
Aug 23, 2010
12:06 AM

Julie R. says

That detective sounds like a real man's man-----if you know what I mean.

columbus avenue's picture
Aug 22, 2010
11:55 PM

columbus avenue says

So then the commissioners wll be BUYING thier homes they are forced to vacate, PAYING for their leases they must cancel etc.? 

Just so we know.

katelih's picture
Aug 22, 2010
11:04 PM

katelih says

 I cant believe Det. Helen, a woman, suggested Fitzpatrick " had a weakness" when he raped a 15 year girl. 

Dick-Tracey.'s picture
Aug 22, 2010
10:19 PM

Dick-Tracey. says

I think the city needs to read this first espically that so called law director: 

When the constitutionality of residence restrictions has been challenged, these laws have generally been upheld (

Doe v. Miller, 2005; State v. Seering, 2005) and the U.S. Supreme Court has declined to rule on the issue. In December 2006, however, a Superior Court Judge in New Jersey declared a township’s local ordinance unconstitutional because it violated the state’s "Megan’s Law," which prevents sex offender registration status from being used to deny housing or accommodations (Elwell v. Lower Township, 2006). More challenges are underway, and currently, a Georgia law banning sex offenders from living or working within 1,000 feet of school bus stops (with no grandfather clause) has been granted class action status, and a temporary injunction preventing enforcement of the law is in effect. A similar injunction exists in California after the overwhelming recent passage of Proposition 83, a comprehensive bill requiring sex offenders to live at least 2,000 feet from a school or park.

 

Dick-Tracey.'s picture
Aug 22, 2010
09:59 PM

Dick-Tracey. says

 

Many people dislike the police or fear them for various reasons. Some say those who don't like the police are just those who do wrong, though those who actually hold to this reason are only a small percentage of the whole.
In Washington, DC a MPDC officer on a scooter observes a car making a marijuana deal. He then proceeds to pull over the car and order the young man and 14 year old girl to follow his patrol car to a secluded park. While there the officer ordered the man to kneel on the other side of the car and then raped the little girl. He then ordered the pair to dump the marijuana and never come back to the area again, even though they had bought the marijuana in a different district in the city.
On January 22nd, 1999 two women were pulled over in Washington DC by a patrol car after buying marijuana. The officer ordered the two women to follow him to an empty parking lot. As in the previous incident, the officer ordered one woman to stand at the rear of the car while he raped the woman at the front of the car. He then ordered them to dump the marijuana and to never come back.
In July of 2000, Derrick A. Brown, 32, was sentenced to at least 14 years of prison with a maximum possible term of 44 years. The former MPDC Officer appeared angry during his time in court and even shouted insults at the victims claiming a set up and that the victims were stupid, however it is important to note that his semen was found on the young womans panties and that all 4 victims were able to identify him from a police line-up.
 
In Sandusky, Ohio during the summer of 2003, 15 year old Brittany Harrington entered the local police departments "ride along" program. Young Brittany was an aspiring major in Criminal Justice and as so, wanted to enter this program that allows people in the community to get a closer look at their policemen and women in action. 10-year veteran of the Sandusky Police Department James Fitzpatrick was the officer young Harrington rode along with. During the summer, Officer Fitzpatrick brutally raped the young 15 year old and proceeded to threaten her not to tell authorities, and that his actions were acceptable because he was a police officer. Officer Fitzpatrick was sentenced to 12 years in prison.
 
On November 21, 2006 in Atlanta, Ga a police raid was scheduled for the house of the 92 year old Kathryn Johnston. An informant had given information that he had bought drugs from the house so the police initiated a "no-knock" drug raid. After the plain-clothed officers knocked her door down and rushed in, the old woman fired a single shot that did not hit any of the officers. The three officers then fired back at Ms. Johnston 36 times. She was fatally hit in the chest. No drugs were found at the home. Officer J.R. Smith, 35, and Gregg Junnier, 40, pleaded guilty to manslaughter in April of 2007 however neither was convicted of murder and Junnier is serving 10 years and Smith 12. The third officer, Arthur Tessler, 40, was not charged with murder but was charged with violation of oath and making false statements when he obtained the warrant because the informant came forward and said that he never claimed to have bought drugs from the Johnston house.
It is important to note that this is just the tip of the iceberg. Some stories never make it to the press because they're covered up, pushed aside, or the victims are just too afraid to come forward. It is also important to notice that not all policemen are corrupt, but that this is definitely not isolated incidents, as they are happening across the country and world.

 

Dick-Tracey.'s picture
Aug 22, 2010
09:34 PM

Dick-Tracey. says

the schools tell our children the police are our friends and we need to trust them !!!!!!!!

why dont the schools tell us sometimes the police are the bad guys  !!!!!!!

how many police officer across the nation have been arrested for rape or sexual misconduct!!!!

why when a police officer violates a law they are still allowed to stay on the force"?

I think the register should publiclly show what officers have been actually done wrong doing but the so called acting chief still has as police officers it just goes to show police can do what they want

look at the officer that raped that girl and the 2 detectives told a judge that it was just a weekness the officer had!!!!!! what his wife was not good enough? had to rape a little girl?

remember the police are not your childrens friend they can rape also and have!!!!!!!!!!!!!!!!!

katelih's picture
Aug 22, 2010
09:26 PM

katelih says

 Swiss family , Some relatives arent even strangers and will still try to touch inappropriately. Like you said, if someone wants to do something to a child , they will do whatever it takes to succeed .  My parents didnt think any thing bad would happen to me when I would spend the night with my Grandma, but they forgot one thing . She had a HUSBAND!!!!!!!   Why do people feel the need to have their child spend the night somewhere anyhow?  Whats the point? To sleep?  My child will spend his nights with me. 

swiss family's picture
Aug 22, 2010
07:48 PM

swiss family says

  I am really encouraged to see that some commenters really get it... unfortunately, it really does not matter where the  sexual predators live, they could be miles away from school yards and parks, but if their desired target is children of that age, they will do whatever, and by whichever means to get there to prey upon their intended victims.

I do agree also that the real problem is in the  punishment department.. these predators cannot be rehabilitated, the facts point to that, so they should never be released back into society, and their crime should be punished so severly that they know  up front that to give into their twisted urges, will give them a very difficult lifetime  in prison.

  it should also be noted, especially now, where we have just had a law enforcement officer convicted of  sexual abuse, that you can not trust your children and their safety to anyone... unfortunately predators  are in our midst, disguised as policemen,coaches, doctors, neighbors, clergy, relatives .. etc..if you get a strange and uncomfortable feeling from someone, stick with it.. it would be better to err on the safe side then to allow someone to destroy  your child's life forever.

 please, also be aware that you might be giving your child mixed signals.. you tell them to stay away from and to not talk to strangers, and yet when you see cousin "Bill"Christmas, etc, and your child only sees them for a short time, every year.. they are a stranger to your child!! so please don't confuse your child by telling them to give him a hug, a kiss,  etc..you are confusing them..  try to see [people from your child's point of view, and protect them from what you know is danger..

starryeyes83's picture
Aug 22, 2010
07:28 PM

starryeyes83 says

How many elderly prisoners are we still paying for?  Being incarcerated for serious crimes such as murder.....we are now paying for all  their medical needs and equipment.  Lovely, isn't it?

 

How many more decades can we do this??

 

Bring  back  "Old Sparky".  Lot  cheaper  in the long run.

 

 

;] ;]
Just Saying's picture
Aug 22, 2010
04:14 PM

Just Saying says

These criminals should be pretty relieved that America doesn't have the same view on crime and punishment that India has.  Pretty sure their punishments eliminate repeat performances.  America's criminals seem to have more rights than their victims, and don't even get me started on how America's celebrity population always seem to be above the law.

Darkhorse's picture
Aug 22, 2010
03:08 PM

Darkhorse says

I think the responsibility has to come from the parents instead of making up more laws that the city can't possibly monitor or enforece.  The parents must accompany the child to the park and not allow them to go there alone.  Parents should not allow the parks to be turned into a free  babysitting area to drop the kids off and forget about them for a few hours and hope they are still there when they come to pick them up.  

Dick-Tracey.'s picture
Aug 22, 2010
02:42 PM

Dick-Tracey. says

hey bhicks better yet lets put a girlscout cookie stand there or better yet a donut shop  police will always be there!!!!!

also is there some kind of regulation for police being able to be physcially fit!!!!!  look at some of our police  do you think they could chace after anyone?

Dick-Tracey.'s picture
Aug 22, 2010
02:39 PM

Dick-Tracey. says

I have a question for the idiots who want to try and pass this ordinance will it include the skateboard park because if this is the case how can a person who has been classified as a register sex offender go to court if he needs to or how can he go to the city building? 

beside i would like to see the city try and pass this and find someone who will challenge it with the supreme court!!!!!!!!!!!!!!!!!!!!!!!!!!

I think there should be an ordinance about slum lords suck as to those who do not keep the up keep of theie rentals  like maybe some of our commish? not nameing no names huh?

bhicks's picture
Aug 22, 2010
02:39 PM

bhicks says

Strange men can still go there ,it doesnt matter where they live ,what about homeless weirdos? ,Last time i was there  a very strange guy was there with no kids smoking a ciggarette and talking on his phone on the bench, any weirdo can go and just hang out?The police station should have a text hotline, so cops can ride by the troubled area, cause when you call with concerns they act like they dont care!

44846GWP's picture
Aug 22, 2010
12:05 PM

44846GWP says

The lable "Sex offender" in its self tells us nothing, they may have been convicted of something that had NOTHING to do with minors. They may have never touched a minor. These people have paid for their crime, whatever they did, I don't agree with public witch hunts. I would rather have a sex offender live next to me than a drug dealer, rapist, or murderer. Do we keep track of them like we do sex offenders? No we don't.  I would rather have a sex offender living next to me than the conservative republican that I do now, with his barking dog 24/7!

CheObama's picture
Aug 22, 2010
11:56 AM

CheObama says

You are so right, your elected officials are barking up the wrong tree! There are greater issues in Sandusky than where a registered sex offender might live.

CheObama's picture
Aug 22, 2010
11:52 AM

CheObama says

I agree with you on that. Will restricting anyone where they live make it safer? If that is the case then we have to strike down fair housing laws!

big_d's picture
Aug 22, 2010
11:08 AM

big_d says

Unfortunately, the people who commit this type of crime are broken, I don't believe that there is any rehabilitating them, just best to remove them from society. That being said, lets put some sense into these laws, save this type of punishment for those who deserve it, not for the person who gets tagged a sex offender for public indecency, for say relieving oneself in public, or the teen who gets tagged for sexting, or the 18 year old for having sex with his seventeen year old girlfriend. There will have to be better guidelines for this if this is what the majority wants. Just my two cents.
Pragmatic's picture
Aug 22, 2010
10:55 AM

Pragmatic says

I think if we looked into the evidence of the research – if a sex offender desires to commit another illegal act, it wouldn’t matter where they live. The sex offender list doesn’t only showcase child molesters, but people who have violated adults too. 

 There must be a better idea than herding all of these people out...and then enable them to build their own community in the country. We have already identified them. Anyone can go to the website and see the picture and address of the offenders. What I hope doesn’t happen is that our City gets tied up in yet another set of legal fees...and this one could cost a great deal.  Managing a city is a business...please don’t try and be heroes because it will make you look more appealing on voting day.   
 
I am not going to put the safety of my children in this thought process: moving the offenders away will ensure our children our safe. I certainly am not that naive. Whether or not there is a sex offender in my neighborhood, my child’s safety is still my responsibility. Being proactive with our kids is of necessary importance. Please keep in mind...you may think you know who lives next door to you...the coach...the teenager who baby sits for you....just because someone has never been caught doesn’t mean they aren’t a despicable person. You think you know...but there is never any way to be sure who your friends or colleagues are. Therefore, we must be proactive in educating our children...and ensuring they are reactive during those situations.  
 
Before our City spends millions of dollars on litigation (which is a possible outcome), I would encourage them to think about the fact that kids AND adults are victimized if they decide to use the Internet and become enamored by meeting people there. Your molester doesn’t have to live in your neighborhood. I truly hope the City leaders use logic with this issue. 
 
We simply need to make our kids smarter than the offender. It is genuinely possible. 
concerned citizen1's picture
Aug 22, 2010
10:40 AM

concerned citizen1 says

It's not that trying to protect our children is a problem, but thinking that a sex offender not being allowed to live by a park is going to protect our children, is naive.  Sex offenders will walk, drive, take a cab or whatever it takes to GO to a park, the mall, the school.....  The living location of a sex offender is  not going to STOP them from being criminals.  This entire law is naive.  Sad to say, you just can't send your children alone - anywhere.  Watch your children and make the laws so that , especially repeat offenders, don't live in society at all.  The "fix" is at the punishment level - not where they live because we have overcrowded jails, and these criminals get let out into society in general.  Don't spend city time and money on this!  Again - a criminal will travel to where they want to commit the crime.  Also, if we are going to "scarlet letter" the sex offenders...why doesn't society do the same for past thieves, murderers, etc.???  We have to learn to keep ourselves and our children safe from all harmful people.

Concerned Citizen
Dick-Tracey.'s picture
Aug 22, 2010
08:07 AM

Dick-Tracey. says

lets ask the sheriffs department to see if they can handle these complaints  didnt the city commissioners state the sheriffs dept has to enforce this new ordinance?

i guess some of our former police cannot go to the park now!!!!!!!!!!!!!!!!!!!!!1

is this law even going to be legal and what about those who live there now ex-pro facto law?

Bailey's picture
Aug 22, 2010
07:04 AM

Bailey says

Its obama's fault and heres the proof, Remember, your child and grandchild is in danger because Obama thinks its more important to protect the illegals than to protect the citizens he SWORE to protect.

"""Based on a one-year in-depth study, a researcher estimates there are about 240,000 illegal immigrant sex offenders in the United States who have had an average of four victims each.

Deborah Schurman-Kauflin of the Violent Crimes Institute in Atlanta analyzed 1,500 cases from January 1999 through April 2006 that included serial rapes, serial murders, sexual homicides and child molestation committed by illegal immigrants.

1 MILLION sex crime committed by ILLEGALS, so what does Obama do? He charges a state and sheriff. Where do the liberals find these supporters of child molestors who act irrationally?

"""For the preaching of the cross is to them that perish foolishness; but unto us which are saved it is the power of God."" ICor 1:18
czechurself's picture
Aug 22, 2010
05:03 AM

czechurself says

there are many important issues the commissioners focus their attention and this is one. however, man power being low on the dept and laws being difficult to pass and enforce, we all need to therefore do our part to be aware and help protect the children. godspeed

Darkhorse's picture
Aug 22, 2010
03:50 AM

Darkhorse says

In this town, we have schools and parks scattered all over town and it would be hard to enforce the law or monitor it.  Why doesn't Pervis focus on some of the real important things going on in town.

lincoln76's picture
Aug 22, 2010
01:49 AM

lincoln76 says

 You know what is so funny about this legislation is that the legislature is making the sex offender registry PUNITIVE and because of that, there soon will be no Sex Offender Registry.

 

 

I laugh at that because the legislature doesn't know how to leave well enough alone.