The City of Lockport is between a rock and a hard
place. City fathers know full well the threat that medium- and high-risk sex
offenders pose to the community. So, 6 years ago they instituted a residency limit
that kept Level 2 and Level 3 sex offenders from living within 1,000 feet of a
child-centered gathering place (schools, day care centers, playgrounds, etc).
Unfortunately, they also know too well that good laws can be negated by bad
laws (or the interpretation thereof): Last month they had to scrap the buffer
zone under the premise that state rule trumps local rule. Similar laws were
being squashed by the courts throughout the state (6 counties and counting) and
had Lockport maintained the law, they were only opening up themselves for
lawsuits from money-hungry perps.
In the first month following the striking of the
residency limit, 3 Level 2 offenders expressed interest in moving into what
were formerly safe zones, while a Level 3 actually moved in. As police officer
Thomas Gmerek told the Lockport paper, “it is, for lack of a better term, open
season now”, highlighting the dangers posed to our youth.
This also highlights what’s wrong with the concept
of rule in modern America. Our nation was devised to be governed by the
bottom-up, not the top down. The most powerful, efficient and effective
governments (and services and protections rendered) were supposed to come from
the towns and cities where the people themselves would have the ability to participate
and have a say. Instead, we’ve come to rely on the states and they (and we) on
the federal system. Lockport knew what was best for its citizens. But, it
couldn’t make due on its promises to protect them because the state in its
alleged kinder and gentler ways (fostered by the misplaced compassion and
intellectual vanity of downstate legislators) places a greater emphasis on the
assumed positive outcomes of rehabilitation than it does on continued penalties
against criminals (even those who committed sexual acts upon children). Under
state law, the 1,000-foot buffer affects only Level 3s who are on parole or
probation. If they have cleared either of those categories, they are allowed to
live where they’d like.
It’s frustrating because the dangers posed by Level
3s – the worst of the worst - are fully understood by the lawmakers and the
courts. By definition, someone in that category carries a high
risk of repeat offense and constitutes a potential threat to public safety. A
variety of studies have shown recidivism rates around 12%. That means 12 out of
every 100 molesters, rapists and other deviants are going to commit another
sexual crime. When you consider that there are 32,000 sex offenders in the
state, that means every year 3,840 children and women will have their bodies –
and minds – defiled by a freak who was already convicted of committing those unspeakable
acts against others. That statistic, as with all rapes and molestation reports,
is probably too small, as most go unreported because of the fear and trauma
associated with the acts and the repercussions which range from traumatic
stress disorder to threats of violence levied against the victim from the
perpetrator. Regardless, 12% is frightening.
We need to protect children from
Level 2s and Level 3s, especially when the courts won’t handle the latter with
lifetime confinement. One way to afford that protection is through stronger
residency limits. Since the courts won’t allow local rule, it’s up to the legislators
to rewrite state law to, at minimum, put all registered Level 3s in the
1,000-foot limit. Better yet, they should put residency limits at full
discretion of the communities. Think about this: The state’s proposed plans for
hydrofracking puts the allowance of this method of gas extraction in a specific
area totally under home rule – it will be up to the local municipalities (and
its elected officials and/or residents) to allow it. If we can put such power
to protect our environment in the hands of the people, why can’t we do the same
for the power to protect our children?
In the meantime, with school in
session and kids moving about in areas once deemed safe but now frequented by
sex offenders, be diligent. It’s up to the community to keep an eye on shady
behavior and shady people and it’s up to the kids to understand the dangers
posed to them and how to react – and speak up – if something or someone strange
presents itself.
Bob Confer is a Gasport resident and vice president of Confer Plastics Inc. in North Tonawanda. E-mail him at bobconfer@juno.com.
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This column originally ran in the 10 September 2012 Greater Niagara Newspapers
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