HURRICANE, W.Va. -- A 2012 Hurricane city ordinance prohibiting registered sex offenders from being within 500 feet of designated "child safety zones" is still in place, despite questions about whether part of it would have to be repealed for violating constitutional rights.
"There were absolutely no changes made. We feel it is within our right, and the citizens are 100 percent behind it," said Hurricane Mayor Scott Edwards.
The ordinance bars those convicted of sex crimes from entering a number of places in the city, including parks, playgrounds, schools, public pools, skate parks, movie theaters and bowling alleys. Parts of it, including barring sex offenders from public libraries, might infringe on offenders' rights, according to Sarah Rogers, staff attorney for the West Virginia American Civil Liberties Union.
"They could definitely face a civil lawsuit or challenge," Rogers said.
The ordinance also bans sex offenders from entering "recreational areas," which include conservation areas, jogging trails, hiking trails, bicycle trails, recreation centers, water parks, swimming pools, soccer fields, baseball fields and football fields. It also includes "child day-care centers," which it defines as "a day-care center or home which provides regular care to any number of children."
"I think the ACLU is concerned about this ordinance because it's so unclear," Rogers said. "People and their families may be unsure of how to comply. The ordinance's definition of 'child-care facility,' for example, could be any home."
According to Rogers, the ex post facto clause of the U.S. Constitution prohibits governing bodies from enacting laws that punish people "after the fact" -- meaning beyond what their conviction and sentence has required.
"For example, someone who may have served his sentence for an act could go for many years as a productive citizen, and 30 or 40 years later, suddenly they have to abide by these restrictions," Rogers said. "Many courts have found these laws violate the Eighth Amendment prohibiting cruel and unusual punishment."
The ordinance also might infringe on Fifth Amendment rights, Rogers said. The double-jeopardy clause of the Fifth Amendment states, ". . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb."
According to news reports, the first person to be cited under the Hurricane ordinance was given a ticket last week for entering Hurricane City Park.