Wednesday, October 04, 2006

Is It the Idea, or the Size?

So, the city solicitor and police chief stated their case of caution against the sex offender residency restriction law last night. The council ignored their testimony last night and passed it, so in the end it doesn't mean much policy-wise, but the situation is too weird to ignore.

First of all, this law was proposed waaaay back in the spring. There's been a good six months to go over this, take a look at it, and comment on it. For some reason, last night was the first time the solicitor and chief argued against the restrictions. It was also the first time, as far we could tell, that there was a real discussion over just how much of the city would be covered by the restrictions.

We're not surprised it covers 80 percent of the city. When this was first proposed, we wrote about our concerns on it, because it seemed like a lot of the city would be covered, exposing small corners to a possible concentration of sex offenders in some neighborhoods. Unlikely, but possible. Last night seemed to be the first time the issue was discussed in depth.

That's important, because it seems like a lot of opposition from the solicitor and chief are based not so much on the law's intent, but it's widespread effect. I'm not a lawyer, but what percentage would make the law more legally secure? 60 percent? 40 percent? All of this should have been hashed out and detailed before. In some ways, it was a bit irresponsible to go ahead on this without knowing all the details, but someone whould have mentioned it a long time ago.

The spoken intent of the law is to protect kids at parks, schools and day cares. Noble cause, no doubt. Intentionally or otherwise, the law also cuts out four-fifths of the city from sex offenders moving to Fitchburg. Is that a bad thing? I think most people would say no. Is it a civil rights violation? Hmmm, maybe. Again, I'm not a lawyer. But again, at what point is it not a civil rights violation? Half the town? A third?

The city -- and Dean Tran especially -- has become a leader in this issue statewide. That's commendable and something to be proud of. The solicitor and chief expressed concern the city is exposing itself to a lawsuit. While that means a drain on time, energy and some cash, it's worth it. Not only is the city's safety at stake, but this is an area where the council and mayor have somewhat boldly and energeticly staked its ground. It should stand by its guns and continue to show the leadership on this issue they have from the beginning.

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