WCAX.COM Local Vermont News, Weather and Sports-Barre Sex Offender Ban Under Attack
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Barre, Vermont - May 6, 2009
A Barre resident is suing the city over its ordinance that limits where sex offenders can live. It is the first challenge to this type of ordinance, adopted by several Vermont towns in the last year. The ACLU filed the suit on behalf of a man named Chris Hagan. Hagan served about five years in prison on a lewd and lascivious conduct charge, was released, and moved to Barre about a month ago.
When he went to register as a sex offender, he was told his apartment is within one of the buffer zones in the city.
The buffer zones extend a thousand feet from schools, parks, and daycares in Barre city. Barre officials say the ordinance protects its most vulnerable citizens, and gives people the option to live in other portions of the city.
But ACLU contends the ordinance is unconstitutional, and says it is especially unfair in Hagan's case because he served his time, went through sex offender treatment, and has gotten his life back on the right track.
"Yeah no this is a challenge to the ordinances wherever they are in a Vermont community because the argument that we're making is that in Vermont, municipalities - cites and towns - only have as much authority as the state grants them," said Allen Gilbert of the ACLU.
"We're pleased to get our day in court because we believe Vermont -- absent a state ordinance -- that municipalities do have the right, not only the right but also the obligation to keep their citizens safe and we think this ordinance does that," said Barre City Mayor Thom Lauzon. "We don't think it's too far reaching, we think it's reasonable."
Hagan technically has until Friday to move out of his home, before he starts getting fined 500 dollars a day. But the city says it's willing to hold off on that fine while this case plays out in court.
Bianca Slota - WCAX News
