Posted on 08/15/2003 2:48:44 PM PDT by Conservative til I die
SPANO APPLAUDS DECISION THAT UPHOLDS COUNTY POLICY TO BAN KNOWN SEXUAL OFFENDERS FROM PERFORMING AROUND CHILDREN AT PLAYLAND
County Executive Andy Spano today praised a federal court decision that upholds the county’s right to bar known sexual predators from performing around children in county parks, but said the county will appeal a portion of the ruling that awarded Richard Hobbs, a convicted pedophile, $2,500.
“My goal is to protect children, and this latest court ruling gives us the authority to do just that, “ said Spano. “Richard Hobbs – or anyone like him -- will not be allowed to perform his clown act to attract children at any county park. That is the most important part of the court decision, and we are very pleased.”
He added, “However, on principal we will be appealing the portion of the judge’s ruling that directs us to pay Hobbs $2,500 for ‘loss of income’ when he was banned previously. (Hobbs never performed at any county park.) It would be outrageous to pay Richard Hobbs, a convicted pedophile, one cent.”
In upholding the county’s right to bar Hobbs, U.S. District Court Judge John S. Martin Jr. said, “There can be no question that protecting children from sexual predators constitutes a compelling state interest.”
Judge Says Convict Has First Amendment Protection
Dec 27, 2002 7:33 am US/Eastern NEW YORK (AP) A judge, taking away a tool Westchester County had used to keep a convicted sex offender from giving balloon sculptures to children, said the county cannot ban performances aimed at soliciting donations in public parks.
U.S. District Judge John Martin said the convict, Richard Hobbs, receives First Amendment protection from being kept out of Rye's Playland Amusement Park, a public space he described as the nation's only government owned and operated amusement park.
But he said Hobbs can be kept out of areas of the 279-acre park that are run with the intent of making a profit. Those include the picnic shelters, ice rink, Boardwalk Museum, pool and miniature golf course.
The judge suggested the county can look for other ways to keep Hobbs from performing in the park, noting that courts have recognized that the activities of convicted pedophiles may be subject to regulation to protect children.
He also said the Supreme Court has acknowledged that activity otherwise protected under the First Amendment may be limited in the interest of protecting children.
A lawyer for Hobbs did not immediately return a telephone message for comment.
The 35-page ruling was signed by the judge Monday but was not made available publicly until Thursday.
It resulted from a lawsuit Hobbs brought in August 2000, saying the county had refused to let him perform a clown act, give away balloon sculptures, engage in humorous social commentary and accept donations from passers-by in 1999 and 2000.
After the lawsuit was filed, the county looked into Hobbs' background and learned that he had been convicted of sexual abuse of children in 1978 and 1982.
The discovery only strengthened the county's determination to keep Hobbs out of the park and away from children, who can use the park's 45 rides and carnival-type arcade games and concession stands, said Susan Tolchin, chief adviser to County Executive Andrew Spano.
"That just made the decision more important for us because we feel we have a role in protecting the public and the children," she said. "Mr. Hobbs has a history of being a pedophile. We don't feel he should be in a county park around children."
She said the county was still analyzing the ruling but was likely to take advantage of the judge's suggestions on ways to prevent pedophiles from being around children in the park.
The judge invited both sides to summon witnesses and evidence that would help him rule on which parts of the park represented public forum areas where First Amendment rights would permit Hobbs and others to perform.
He said the non-amusement areas of the park were like those of any other park and were protected by the Constitution.
Tolchin said she believed the county could prove that some areas believed by the judge to be public areas were too closely tied to the amusement areas to be separated from them for legal purposes.
The purpose of a pedophile posing as a clown is to attract children for "other" purposes. If the judge is requiring the city to make up for Hobb's loss, he should required the city to supply him with innocent children. That's what he was after, not money!
That's what the logic of liberals comes down to.
In the old days, they would have known how to deal with this guy...
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