The United States District Court for the Western District of New York rules that City of Geneva cannot impose residency requirements for individuals with sex offense convictions in addition to those set by New York State law. The Municipal Code Chapter 285 of City of Geneva permanently bars individuals with level 2 and 3 status from residing one thousand feet from a school or five hundred feet from a park, playground, or daycare center in Geneva-regardless of that person's parole or Case probationary status. The court found that Chapter 285 is preempted by New York State's comprehensive, detailed, and thorough scheme for regulating sex offenders and thus ruled it as invalid.

Although the court found validity to the plaintiff's constitutional claims against Chapter 285, it did not rule on such claims due on the disposition reached by preemption.

Terrance v. City of Geneva 10-CV-6450

Memorandum in Support of Defendant City of Geneva's Motion to Dismiss

Plaintiff's Memorandum in Opposition of Defendant City of Geneva's Motion to Dismiss

Reply Memorandum in Support of Defendant City of Geneva's Motion to Dismiss

Documents courtesy of Legal Assistance of Western New York, Inc