Montour Falls, (NY) – A husband and wife, who just moved from Florida to Montour Falls, are sex offenders trying to start over.
The husband is a level 3 sex offender, the wife a level 2.
They were convicted in Florida.
According to the New York State Division of Criminal Justice Services website, the husband spent 10 years in state prison and 10 years probation for kidnapping and performing lewd sexual acts on a 22 year old girl.
His wife spent one year in jail and was on 30 months probation for sexually abusing a 16 year old and an 11 year old.
Now they live near the Havana Glen playground and were given a 30 day notice to move out.
In Schuyler County, level 2 or 3 sex offenders are prohibited from living within 500 feet from a playground, school or day care for life.
The wife a sex offender said, "I'm not in trouble I've already done what the state, the judge wanted me to do. You're punishing me twice."
The married couple is the first to violate Schuyler County's local law since it was put in place in 2008.
They plan to sue.
The husband a sex offender said, "When do we stop being punished. We paid our price. We're marked. We got a scarlet letter for the rest of our lives."
The wife said, "I'm going to fight it tooth and nail."
The Schuyler County District Attorney Joseph Fazzary said they can fight the local law and there's a chance they might win.
Fazzary said, "If they were having difficulty finding a place to live in Schuyler county they could bring a lawsuit against the county and I'd be concerned our law would be invalidated."
Under New York State Law, as condition of parole or probation, sex offenders who've had victims under the age of 18 can not live within 1000 feet of a school. The difference between the state law and Schuyler County's local law is that the Schuyler residency restriction is for life, not just while someone is on parole or probation.
Some parents wonder why more counties don't do what Schuyler County did.
Valerie Rosplock, a parent said, "The homes are in close proximity here anyway so it would be good to have a law passed where they'd have to be a certain distance away, even miles rather than feet."
Rob Mosher, a parent said, "I don't believe it should just be county wide. I think it should be statewide. So they are accountable for everything they've done."
In Steuben County, the county attorney said a law to restrict where sex offenders can live wouldn't work.
He said there are challenges that would arise like: areas becoming over run with sex offenders and towns not approving having all the sex offenders living there.
Chemung County does not have a law restricting where sex offenders can live either.
Lieutenant Sean Holley with the Chemung County Sheriff's office said having residency restriction laws could make the sex offenders lie about where they're really living.
Holley said, "The whole focus is to protect society, protect potential victims or past victims but let's not make it so strict that they cannot abide by it. Because if we do that then we won't know where they are."
There are proposals in the state legislature to prohibit sex offenders from living near where kids get together, even after their parole or probation has ended.
But there has been no movement on those bills.
George Winner, New York State Senator said, "I just think that it's not unreasonable to place restrictions on where particularly our most violent and serious sex offenders would live as to assure the public and particularly parents that their children are protected."
But for this couple, they think the state and local laws are already strict enough.
The wife said, "I don't think they are applying it to the right way, to the right people. If I was on probation, if I was in trouble again, then it's a whole different story."
There are many local governments in New York State that have a law, like Schuyler County.
However, some of them have later been shot down in court as being unconstitutional because state law preempts it.
For more information on sex offenders, click the New York State Division of Criminal Justice Services (DCJS).
You can also track where sex offenders live in your neighborhood by clicking on your county.
