July 29, 2019, 2:14 pm
When it comes to large, overlapping exclusion zones and limited housing availability for persons required to register as sex offenders, an inch is as good (or bad) as a mile.
In most Jurisdictions, the measurement of an exclusion zone begins at the closest property lines of each of the two properties and in a straight line “as the crow flies”. For the purposes of determining whether a property is excluded, it doesn’t matter if the actual residence is set back a half-mile from the street or a raging river separates the proposed residence from the “offending landmark”, the laws don’t care.
In Illinois, attorney Adele Nicholas is suing on behalf of a registrant who is unable to live in his parents home because the State claims a playground situated inside a park renders it off limits. The state wants to claim the entirety of the park constitutes the playground, and therefore the house is off limits. In fact, the playground is situated more than 800 feet inside the park and would therefore fall outside the exclusion zone.
If you recall, Miami-Dade Homeless Chair Ron Book evicted approximately 100 people required to register from a Trailer Park in Miami because it was apparently within 2500 feet of a school. The reality was, the school was on the other side of the Miami River.
In most cases “as the crow flies” is not an accurate measure because it creates exclusion zones that include 8-lane highways, bodies of water, third-party owned private property and other barriers that would make a direct path impossible.
Even though this case is not in Florida, it will certainly be interesting to watch.
The post IL: Suit challenges distance measurement appeared first on Florida Action Committee.
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Author: Florida Action Committee
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