Westbrook officials will be looking to the local legislative delegation to help regain their ability to restrict where sex offenders can live and work in the city.
The City Council voted 6-1 Monday, with Drew Gattine opposed, to lessen its restrictions on sex offenders in order to comply with a state law that went into effect last week. The councilors, however, continued to reprove the Legislature for making the law and taking away local control.
“It’s one of the most disgusting and indefensible statutes ever enacted by the state,” said Council President Brendan Rielly.
The law, which passed in June, gives municipalities the option of enacting an ordinance to restrict sex offenders from living within 750 feet of schools – and prevents them from having a stricter ordinance.
Two years ago, Westbrook adopted an ordinance that prohibited sex offenders from living or working within 2,500 feet of schools or any place frequented by children.
“Hopefully, the Legislature will bring this item back up,” Councilor Mike Foley said at the meeting Monday. “It is a serious matter.”
Mayor Bruce Chuluda offered to craft a resolution to send to the local delegation to ensure the city’s voice is heard during the next legislative session this winter.
Westbrook is not the only municipality taking a stand against the new state law. The Gorham Town Council earlier this month voted against lessening its restrictions on sex offenders in order to comply with the state law.
Bill Dale, who is the attorney for both Westbrook and Gorham, said the town will be able to enforce its ordinance up to the state’s limitations – prohibiting sex offenders from living within 750 feet of schools, instead 2,500 feet, as is written in its ordinance.
Effectively, the same rules would have been enforced in Westbrook whether or not the council amended its ordinance. However, Dale advised the city councilors to change the rules because of pending litigation against the city.
Westbrook is one of 26 municipalities named in a lawsuit brought forward by sex offenders around the state against both municipal ordinances and the state statute regarding restrictions on sex offenders.
The crux of the argument against the regulations is that it is unconstitutional to enforce a new law on sex offenders who committed their crimes before the law existed. By changing its ordinance to comply with the state, Dale said, the city is in a stronger position to fight the suit.
Dale said the case is currently in front a Kennebec County Superior Court judge and would likely be taken up by the Maine Law Court in the near future.
“I think on the legislative side and in court, there are going to be some new developments,” said Dale.
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