E-mail Story
Print Friendly
Send E-mail
Reprint story
Friday, May 07, 2010
Sex Offenders' Library Access Restricted
By Dan McKay
Journal Staff Writer
Albuquerque Mayor Richard Berry imposed new limits on sex offenders' access to local libraries this week — a response to the federal court ruling that threw out a total ban altogether.
Berry's executive instruction, signed Thursday, allows registered sex offenders to visit the main library Downtown from 10 a.m. to 6 p.m. on Thursday and Saturday each week. They must check in with security officers and show photo identification when entering the library.
The new policy comes after U.S. District Judge M. Christina Armijo invalidated a city ruling banning sex offenders from libraries. Armijo said a wholesale ban was too broad to comply with the Constitution.
City Attorney Rob Perry said the judge made it clear that some access must be permitted to sex offenders, so a new policy was devised. The previous policy banned sex offenders from going to any Albuquerque library.
"The mayor wants to ensure that public safety and protection of children is the No. 1 priority, but that we do that in a constitutionally permissible manner," Perry said. "We're trying to develop a practical solution."
The city also is appealing Armijo's decision. The policy was first put into place by former Mayor Martin Chávez's administration.
Peter Simonson, executive director of the American Civil Liberties Union of New Mexico, which challenged the original policy, said the new policy is troubling, too.
"This one is probably as unconstitutional as the last one," he said in an interview. "It might be more unconstitutional because it's still not narrowly tailored."
One problem, Simonson said, is the total ban on sex offenders going to branch libraries, which could be the exclusive site of book signings or other events. He said it's also problematic that offenders would be required to "sign into a log and publicly identify themselves to the government as a condition of using the facility."
Berry contends access to the Downtown library is enough. It is equal or superior to the branch libraries, his order said, and materials from other libraries can be delivered there on request.
Sex offenders would not be allowed in the children's section of the main library "for any reason," the policy says.
Armijo's 42-page opinion said the First Amendment protects the right to receive information, and a broad ban that's not narrowly tailored violates the constitutional guarantee of equal protection under law.
The city, Armijo said, has a legitimate interest in promoting public safety but that anyone affected by the ban, "no matter how reviled, nevertheless possesses certain constitutional rights."
You also can send comments via our comment form
|
|
