A federal judge says an Allegheny County ordinance aimed at keeping sex offenders away from many public places is illegal.
It could signal the same fate for similar ordinances adopted in this area.
U.S. District Judge Gary Lancaster wrote in a ruling this week that Allegheny's law undermines state law, barring offenders from living in most of the county.
It conflicts with state guidelines that are based on Megan's Law assessment recommendations and aimed at keeping track of offenders while pushing reintegration and rehabilitation.
It was unknown Tuesday if the ruling will be appealed, with the outcome potentially having ramifications outside Allegheny's borders.
Portage Borough and Jackson Township in Cambria County, along with Newry and Duncansville boroughs in Blair, all have enacted ordinances aimed at regulating where sex offenders reside. Most of them, like Allegheny's, require convicted offenders to live at least 2,500 feet - nearly a half mile - from day cares, schools, parks and other spots.
"The whole idea is for the safety of the children and ours has worked," said Portage Borough Manager Bob Koban, adding that the town will be keeping a close eye on what happens next with the Allegheny case.
Portage adopted its ordinance more than a year ago. Duncansville and Newry also adopted similar laws after residents aired concerns about offenders moving in.
All three municipalities are represented by Blair County attorney Michael Emerick, who could not be reached for comment Tuesday.
Jackson Township adopted its ordinance this month. Township Manager Dave Hirko says it applies only to offenders the Megan's Law board deems "sexually violent."
"Residents really pushed for this, so we certainly hope [a federal] ruling wouldn't apply here," he said.
In Newry, one-tenth of a square mile in size, offenders are prohibited from moving within 1,000 feet of local churches and St. Patrick's School - leaving few spots in town, if anywhere, where they could reside.
The strict guidelines may be politically popular but do nothing to prohibit where offenders work or socialize, Lancaster indicated.
The residency rule, in Allegheny's case, simply pushes offenders to other towns and sets them up to offend again, he added.
"If you don't have a home or a job, you're going to be more likely to commit a crime," said Witold Walczak, legal director for the American Civil Liberties Union of Pennsylvania, which filed the suit on behalf of six sex offenders.
He maintains that Allegheny's law - and likely others - undermine public safety.
"These folks have to live somewhere," he said. "And when offenders succeed, it's usually because they have family to help them, access to mass transit and jobs. It's because they reintegrate."
Mirror Staff Writer David Hurst is at 946-7457.
