From Deseret News archives:
Clinton may rescind park ban on sex offenders
In a closed meeting Thursday, the Clinton City Council said it would rescind an ordinance that banned convicted sex offenders from being within 100 feet of city properties where children are gathered, in particular, parks.
City attorneys presented potential legal issues to the council and said they expected a lawsuit. Council members decided that they didn't want the liability, nor the expense, said city manager Dennis Cluff. The council will make the official vote Tuesday.
"As we had more information, and as we checked into more areas, one concern is that there isn't a real precedent for this kind of law yet. We didn't want to be the guinea pig for it," said Cluff.
Instead, the city wants to take a new direction to protect children. The council discussed developing a program to educate parents. Council member Paul Ray made a motion to earmark $5,000 to develop a Neighborhood Watch program.
The council passed the motion, and the money will be allotted July 1.
Prominent Salt Lake civil rights attorney Brian Barnard said the council made the right choice. He believed the law was wrong from the start. He has been preparing a lawsuit with Robert Beltka, Clinton resident and registered sex offender. Beltka was unavailable at presstime.
"The best protection for children is vigilant parents," Barnard said.
Ray, also a state representative, proposed the Clinton law that prohibited sex offenders on city property. He hopes the council can work out the glitches of the soon-to-be rescinded ordinance and write a similar law.
While city officials question the constitutionality of the ordinance, Ray says it passes legal muster.
"I have no issue with it, I think it's very defensible," Ray said. He believes the city would have won a suit about the law because Florida cities have similar laws and have won suits against them.
Still, Clinton would be the first in the nation to forbid sex offenders completely from parks, Cluff said, and that's something they're not ready for right now.
"It was a thought. It was a good thought. It was a good idea, but it's not as effective as some others that area as tried and true," Cluff said.
The council will make its official decision in an open meeting June 15 at 7 p.m at 1906 W. 1800 North.
E-mail: nandrews@desnews.com
