Town’s Ordinance Would Ban Sex Offenders’ Travel

LITTLE ELM, TX. (AP) – A North Texas town is considering an ordinance that would restrict not only where registered sex offenders can live, but also where they can go.

The residency restriction, which is similar to ordinances in several Texas cities, would prohibit registered sex offenders from living within 1,000 feet of places where children commonly gather, including schools, parks and libraries.

But Little Elm also wants the measure to keep registered sex offenders from entering these areas, regardless of where they live. The restricted zones include about 68 percent of the land in town.

“My job is to try to outthink the bad guys,” said Police Chief Waylan Rhodes, who drafted the ordinance. He said he’s heard about how residency restrictions have been ineffective and thought, “‘Well, if that’s the case, why don’t we just make our 1,000-foot radius apply to any registered sex offender?”‘

The Town Council was expected to vote on the ordinance Tuesday evening. Texas law prohibits most sex offenders who are on parole or probation from going within 1,000 feet of places like schools and day care centers, but this town about 30 miles north of Dallas wants to extend that to all registered sex offenders, even after they have completed their probation or parole.

The measure makes exceptions for registered sex offenders who are visiting family members or friends, attending an educational institution or doing legitimate business. The 16 registered sex offenders living in Little Elm would also be exempt from the residency requirement. The legality of the ordinance is questioned by some defense attorneys.

“I highly doubt constitutionally that a local municipality can essentially require sex offenders to present an internal passport, so to speak, to a law officer upon request for just traveling in their town or go to school,” said William Buckman, a national sex-offender policy expert and defense lawyer.

But Rhodes welcomes legal challenges to the ordinance. “If it were going to get challenged – win, lose or draw – I would like to hear what the courts say about it,” he said. “It’ll give the cities more direction in these specific incidences. That’s how we arrive at our legal resolve.” A violation of the ordinance is a misdemeanor that comes with a fine up to $500.

(Copyright 2007 by The Associated Press. All Rights Reserved.)