Local sex offender law ruled unconstitutional

Posted at 8:50 PM, Apr 13, 2017
and last updated 2017-04-13 20:50:22-04

A Cheektowaga law created more than a decade ago to serve as a tougher version of New York's sex offender law. Now, it's being called unconstitutional.

Cheektowaga council member Alice Magierski says the local law extended the distance any level sex offender could live from a school or park from 1,000 feet to 1,500 feet. The law also casts a wider net on locations to include more kid-friendly destinations.

A state appeals court recently ruled the the local law is unconstitutional, saying it conflicted with state law. Under the ruling, police no longer have the power to enforce the local law, but members of the council say they plan to hold a public meeting to let neighbors decide if the law should stay on the books.

"We have no intent whatsoever that this isn't going to be monitored by the police department...it is absolutely completely monitored but within the guidelines that we now have to follow," Councilwoman Magierski tells 7 Eyewitness News.

Magierski says the law was overturned just a few months ago, and she's unsure what prompted the law to face an appeals court. The public hearing is set for April 25 in Cheektowaga.