Updated: 8:21 a.m. March 31, 2009
GEORGIA
Judge overturns ban on sex offenders volunteering at churches
Effort to overturn strict Georgia prohibitions moves forward
The Atlanta Journal-Constitution
Monday, March 30, 2009
A federal judge on Monday allowed a class-action case seeking to overturn Georgia’s tough sex offender law to go forward. The judge also barred enforcement of a provision that bans offenders from volunteering at churches.
U.S. District Judge Clarence Cooper rejected attempts by the state to declare the class-action suit on behalf of 16,000 sex offenders to be unmanageable. Instead, Cooper allowed the lawsuit to proceed in “subclasses.”
These include offenders seeking to overturn a provision banning them from living within 1,000 feet of a designated school bus stop; offenders who want to volunteer at places of worship; and offenders who were convicted before the law’s passage on July 1, 2006, but were put on the sex offender registry.
Georgia’s sex offender law is one of the toughest in the nation. It prohibits most offenders from living or working within 1,000 feet of places children congregate, such as schools, parks, swimming pools and churches.
Also Monday, Cooper granted a preliminary injunction that prohibits the state from enforcing a provision in the law that bans offenders from volunteering at churches.
“Allowing plaintiffs to continue to participate in their faith communities will further public safety by providing support, stability and a grounded sense of right and wrong,” Cooper wrote.
Lawyers representing the plaintiffs presented evidence from several ministers and others who work with sex offenders about the restorative powers of faith and volunteering in faith communities, Cooper said.
Gerry Weber, a lawyer with the Southern Center for Human Rights, which filed suit on behalf of the plaintiffs, applauded the ruling.
“Georgia’s sex offender law has suffered more legal setbacks than any such law anywhere in the country,” he said. “This order should send a clear message to the General Assembly that it’s time to fix this law.”



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