For the children of New Jersey, today marks an important day in the fight to protect them from convicted sex offenders. The American Center for Law and Justice (ACLJ) is presenting arguments today before the Supreme Court of New Jersey in defense of an ordinance by the Township of Galloway, NJ, that is designed to keep convicted sex offenders away from children. We are representing the Township of Galloway in the case of G.H. v. Township of Galloway.
The children of New Jersey will have their day in court and it is our hope that the states Supreme Court will act to grant them the legal protection they deserve, said Vincent McCarthy, Senior Attorney the ACLJ. Not only is the ordinance in question legal, it is critically necessary for protecting New Jerseys children from convicted sex offenders. We are confident that the states highest court, after reviewing the flaws in lower court decisions, will uphold the Galloway ordinance and take the necessary action to protect the children of New Jersey.
In 2005, the Township of Galloway enacted the ordinance, which created a buffer zone of 2,500 feet between the residences of convicted sex offenders and places where children normally congregatespecifically, schools, playgrounds, parks and day care centers. The ordinance was intended to complement Megans Law, which requires anyone convicted of committing a sex crime against a minor to register in the community in which he or she resides. Megans Law was upheld by the New Jersey Supreme Court in 1995. The trial court overturned Galloways buffer zones, holding that they constitute additional punishment to the sexual predator who already has paid his or her debt to society.
The case was appealed to the New Jersey Appellate Division and that court upheld the findings of the lower court. The convicted sex offender in the casereferred to as G.H.is represented by the ACLU of New Jersey, which argued that Megans Law comprehensively regulated the post-prison behavior of sex offenders and that Galloway has no authority to legislate in this area.
In arguments before the appeals court last March, we argued that Galloways buffer zones complemented Megans Law. We noted that, while sexual predators would be limited in where they could live within the town, they were prohibited from living only in those areas that are frequented by children. We contend that, unlike those who commit other crimes, there is substantial evidence that sex offenders repeat their crimes.
More than 100 municipalities across New Jersey have enacted similar laws like the one in Galloway and are awaiting the outcome of this case.