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NHCLU sues Dover over sex-offender restrictions
By CLYNTON NAMUO
New Hampshire Union Leader Correspondent
Thursday, Mar. 27, 2008
DOVER – The New Hampshire Civil Liberties Union filed suit against the city yesterday over an ordinance that restricts where sex offenders can live, in a test case that could have consequences for communities across the state.
Enacted in October 2005, Dover city code 131-20 blocks sex offenders who must register for life, which includes those convicted of aggravated rape or a host of offenses involving children, from living within 2,500 feet of a school or daycare center, levying a $500 fine for the first violation and a $1,000 fine for a second.
Franklin, Tilton, Northfield and Boscawen have all passed similar ordinances in recent years, restricting where sex offenders can live, and numerous other communities throughout the state, including Manchester, have considered such legislation.
In a suit filed in Strafford County Superior Court, the New Hampshire Civil Liberties Union is asking to have Dover's ordinance invalidated, saying it runs afoul of the state constitution's due process, double jeopardy and ex post facto protections, as well as state primacy for treating sex offenders.
If the ordinance is struck down in the superior court, it would open the door to legal challenges in the four other communities with similar ordinances. A decision against the ordinance from the state supreme court would effectively nullify all of the sex offender residency restriction ordinances in the state.
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New Hampshire Civil Liberties Union lawyer Barbara Keshen said the suit is also meant to highlight problems with sex offender residency restrictions, which she says are ineffective.
"I think if these towns studied whether or not these laws were effective in protecting children, they wouldn't pass them," she said. "Most of these towns have had a knee-jerk reaction." The suit was brought on behalf of Richard Jennings, now 41, who pleaded guilty to felonious sexual assault in May 2000 for having sex with a 15-year-old girl and served four years in New Hampshire State Prison.
In October 2007, Jennings moved from Portsmouth to Dover with his long-time girlfriend, but ran into trouble after failing to report with the city.
Police Chief Anthony Colarusso said the department was informed by Portsmouth police and neighbors that Jennings had moved into a Locust Street home and never registered as a sex offender. He said Dover police charged Jennings with felony failure to report, to which he later pleaded guilty and received a suspended state prison sentence, as well as a violation for living in a restricted zone. A large reason for the charges, he said, was that Jennings was living in the home with his girlfriend's teenage daughter.
Colarusso said Portsmouth police also charged Jennings with felony failure to report and that the case is proceeding in Rockingham County Superior Court.
Jennings is currently living with his parents in Epping.
Since Dover passed its ordinance, seven sex offenders have been found in violation of residency restrictions, Colarusso said, and six of those have moved without issue. The city has about 30 sex offenders living in it, he said.
Colarusso said the restrictions will not stop all sex offenses from occurring, but that it is an important part of a larger strategy to proactively protect the community. He noted that the effectiveness of the ordinances is debated, even among law enforcement, but that if even one offense is stopped, it is a success.
"In the big picture, we don't think this ordinance is the end all," he said. "It's just one tool; it's just one additional tool.

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my husband is a sex offendor. He was traumatized as a child and abused and after his mothers death, and the use of alcohol and drugs, touched a child. Not an excuse I know. Since his release he has tried to do everything he could to make up for it. He knows he screwed up and will pay for it the rest of his life. Since hes come home, our children have been harassed as well as myself. Noone says anything to him, just us. Its not fair, he is a good man and received counseling and is trying to make ammends. My kids cant even go out in their own yard without being called "mini molestor" and such. Where is the justice in that?
- harassed, hickville,nh
I understand protecting our children (I am a mother). However what those websites (watchdog.com etc) don't show is the ages of the parties involved. What some of you need to realize is there are people on the list that have to register for simply having sex with their girlfriends back in highschool! Not everyone on that registry is harmful to children. The ordinance that we are refering to states that they cannot live within 2500 ft of a school or daycare, they can however visit or be at a residence throughout the day, while our kids are in school. So the question lies, what are we protecting by keeping the ordinance? Those that are out to harm children I would assume would go to any extreme to do so and not living near a school isn't going to stop them from doing it again.
- Heather, Dover, NH
The sex offenders that you would want to keep out of your neighborhood are those that already are despite any laws. According to U.S. Government studies, sex offenders are the least likely group out of ANY convictions including drug, alcohol, murder, and domestic to recommit a crime that would be considered a sex crime. Would it be American to make a group of people based on label to publicly register as the Jewish community had to in Nazi Germany, or have them restricted from public places like how minorities were treated in the past? At what point can we grow up and help those who made a single mistake, and lockup those who truly live the life that would threaten others. Law Enforcement is already swamped with work, and your safety will only lessen if they have to add another high maintenance law to be enforced. You believe the police will search out those that do not register, but in fact they leave those people alone because they have to verify the locations for the many who are less of a threat to anyone. To truly protect a child from a sex crime you would have to separate them from the world, including family, since it is more likely they will be sexually molested by somebody close to them, including family, than by a stranger who lives next door. Facts show registration does not work, and it affects civil rights of many who deserve a second chance.
- Christopher Biemiller, Ponca City, OK
I notice alot of the ACLU defenders saying that alot of SO's didnt commit a sexual crime. Jennings did and if you go to a website wehere you can look up your local SO's, you will find that most if not all of them did something sexual because it lists their offense right under their name. The ACLU is defending those who abuse children while attacking those who give them moral guidance. They have offered material support for those who openly preach pedophilia and arguably encourage kidnapping, rape and murder. Look up NAMBLA and Jeffery Curley and see what the ACLU does.
- Sarah Murdough, Somersworth
I know this man. He wouldn't hurt a fly on purpose. Fact and truth have no place on the offenders registry as it stands today. We DO need to protect our children but we need to find a way a better way to determine who is dangerous and who is not. Some of these men were naive and careless...not evil.
- Karen, Berlin
I guess I should move next to a school in Dover. After all, my kids are not protected from sex offenders because we live in a neighborhood that isn't close enough to a school to warrant protection. I guess the logic is that if these people can't live next to a park they won't go to one? I'm no SO but I have to admit to traveling more than 2500 ft to get to one. I guess SO's don't do this though. I feel so safe now.
- Mike S, Bedford
Offenders are assessed by bureaucrats who too frequently rate the risk level too high. Non-violent sex offenders do not re-offend, but are persecuted forever. it is like the days of witches burned at the stake. become informed and help offenders, judge not,lest ye be judged!
- D. Grant Chee, Elizabeth, AR
I forget, ACLU, who's side are they on again????
The ACLU need to ne renamed, and be shipped lock, stock and barrel to China, or North Korea. They have done enough damage to the American way of life already..
- Ray Ninness, Bedford
The ACLU calls these kind of laws "a knee jerk reaction." The same thing for laws & rules that are meant to protect us from terrorists. In the ACLU's world the sex offenders would see a "shrink" and be released with time served (2 or 3 days until a bail hearing). The children who are molested & the 3000 people who died on 9-11 had "their" civil liberities violated. Don't ask my heart to bleed because some pervert cannot live next door to a daycare center.
- Joe Conway, Charlestown, NH
No work, no place to live, why don't we just put them away for life or better yet kill every person "accused" of commiting a sexual crime. We treat murders better when they get out of prison. Not everyone of these guys had sex with a child, now a days you can be considered a predator for getting caught peeing in an ally or streaking at a ball game. And you should thank god the ACLU is here looking out for you, cause you never know when your going to need them.
- John, Manchester
ACLU think they can make anyone play by there rules.
If you donot like a law go to court until you find a judge who will rule in your favor that what ACLU game plan. Also let the one out weight the many. Towns and cities should have the last say. Can ACLU and offenders say it will never happen again. The answer is No. 0nly God can.
- mo baxter, plymouth
The ACLU was a great concept when it was developed. Since then it has done nothing but degrade the American Society to what it is today. Criminals love the ACLU and foreign terrorists rely upon it because a person can come into this country and not be touched by police or Federal Authorities. Let's not even get into the wiretapping debate brought forward by these misguided lawyers. As for the point at hand, sex offenders have to live somewhere so let them choose where, hope that it is not next to you or me, and if they do, ostrasize them from your family and neighbors because they have at one time at least, shown a propensity for bad sexual choices.
- Joshua, Hooksett
thank god there is someone who will speak out.
way to go aclu.keep it up.
- joe, junction tx
The ACLU was a good thing when it first started but is now nothing but an out of control liberal bastion that is trying to force their agenda on everybody else. What about the rights of the innocent citizens that these predators prey upon? The ACLU may have a respectable sounding name but their actions are anything but? Where is their commom sense?
- Rob, Manchester
Sorry Tom
From the ACLU website:
"IN BRIEF
The national ACLU is neutral on the issue of gun control. We believe that the Constitution contains no barriers to reasonable regulations of gun ownership. If we can license and register cars, we can license and register guns."
The ACLU picks and chooses what they want to defend and more often than not its for the criminals rather than the victims.
- calvin, londonderry
I some what agree with the restrictions, but what people do not realize is that almost all cases of sex abuse happen within families and are never reported or prosecuted. On top of that it is pointless regardless to tell where people can live as they can just drive into your neighborhood or school area and take the kids if they want. What’s to stop them on that one, how can you regulate that? I think something else needs to be done for monitoring and restrictions. Granted the whole “I do not want them living with me” thing comes up and I agree, but what if you live in a normal neighborhood where there are no schools that close as most neighborhoods are? There are no restrictions there….
See my point?
- Mike, Manchester, NH
I so agree with Beth.
I think that they should have their own little colony way away from anyone else. Put a box store there so they can support themselves and be able to get basic needs.
These people are not reformed, they just have no one to prey on in jail.
I applaud all the communities for trying to keep their kids safe.
- Jenna, Sanbornton
There is not one person writing anti-ACLU posts here who has the slightest idea what the ACLU does for America and you as citizens. They stand for the Constitution and lawful civil liberties, you know the things that our soldiers have died for over the centuries. The un-American people are those that don't care about the Constitution or civil liberties. The ACLU defends religion and gun rights as well but you choose to ignore that. So is Bush right when he said that " the Constitution is just a Goddamned piece of paper."? You people are not what I would call good Americans or patriots.
- Tom, Dover-Foxcroft, Me.
Not only is the hysteria over 'registered offenders' far overblown (the vast majority never reoffend, check the Dept of Justice stats), but do we ever stop to consider that we are also throwing out our own Constitutional liberties when we create "second class" citizens in America? Serve your time, then get a fresh start. Deny this to any citizen, and one day it may be you or someone you love denied equal opportunity and a future. Treatment does work. Nevada programs find reoffense rates less than 1% after counseling. Most people with a non-violent sex offense learn very quickly from their past mistakes, and are no threat to you or me.
- Jim, Orlando
The ACLU fight for a lot of liberties that many of us take for granted. They do take take the unpopular cases as well. Overall their funtion is inherently "American."
- Eric, Manchester, NH
The ACLU supposedly fights for liberty but they always fight for the liberty of the criminals themselves and forget about the people that actually get hurt. People need to stand up to them or else they will continue to try and ruin the U.S. Call them, email them and let them know that their actions will not be tolerated.
- Ryan Murdough, Somrsworth
Paul, you are truly the picture of ignorance and contradiction. The ACLU is "anti-American"? And I suppose you're a true patriot for slapping a "Support the Troops" magnet on your gas guzzling SUV or pickup. right? Thanks for the laugh. I needed it this morning.
- Kate, Manchester
Now that the ACLU, New Hampshire faction, has come to prey on NH and sue, sue, sue, we can all expect more from this dysfunctional group. Another sad day for the state of affairs in NH when this group came to the state a few years back. They sue to survive and justify their existence, confront them at every cause or they will corrupt our system of self government as in other states.
- mike, hooksett
When did the world get so backwards that the people who do others harm have infinitely more rights than the victims and the potential victims do?
And why would someone with a teenage daughter chose to get involved with this man? I don't get. As a "former" single mom, I was very selective of the people I dated and especially the few I eventually brought around my daughter.
I know I know.. I'm going to hear- "He served his time" "He's rehabilitated now." Please.
- Beth, Raymond
I would love to see the reaction of these lawyers form the ACLU if a level 3 sex offender moved into their neighborhood or next to where their children go to school or play.
Do you think they might have a differant opion ?? HMMMMMM.
- Wayne, Goffstown
The ACLU needs to be stopped. If they win this they'll push their liberal agenda down the throats of all NH. They are a true anti-american group.
- Paul, Londonderry
Just dont let them live near me! I think they should maybe go to some sort of half-way house to get some counceling.
- Christine, Manchester
when is this so i can be there?
- Derek, northwood
The ACLU does more damage to this country than any other group.
- Brian, Farmington
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