ACLJ to Argue Before the N.J. Supreme Court for Protection of Children from Convicted Sex Offenders

“The children of New Jersey will have their day in court. It is our hope that the state’s Supreme Court will act to grant them the legal protection they deserve.” - Vincent McCarthy, senior attorney of the ACLJ

WASHINGTON, March 24, 2009—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) will argue today before the Supreme Court of New Jersey in defense of an ordinance by the Township of Galloway, N.J. that is designed to keep convicted sex offenders away from children.  The ACLJ, the nation's top conservative public interest law firm, represents the Township of Galloway in the case of G.H. v. Township of Galloway. 

"Not only is the ordinance in question legal, it is critically necessary for protecting New Jersey's children from convicted sex offenders," said Vincent McCarthy, senior attorney the ACLJ.  "We are confident that the state's 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 congregate - specifically, schools, playgrounds, parks and day care centers.  The ordinance was intended to compliment "Megan's Law," which requires anyone convicted of committing a sex crime against a minor to register in the community in which he or she resides.  "Megan's Law" was upheld by the New Jersey Supreme Court in 1995.  The trial court overturned Galloway's 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 case - referred to as "G.H." - is represented by the American Civil Liberties Union (ACLU) of New Jersey, which argued that "Megan's 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, the ACLJ argued that Galloway's buffer zones complimented "Megan's Law."  The ACLJ 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.  The ACLJ contends 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.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.

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