Englewood to appeal court ruling banning restrictions on where sex offenders can live

ENGLEWOOD, Colo. - The city of Englewood will appeal last week's court decision overturning the city's ordinance that limits where convicted sex offenders can live.

City officials said they will not only appeal the decision to the 10th Circuit Court of Appeals, the city said it "also plans to contact state legislators to propose legislation to ensure that local governments are permitted to pass ordinances that reasonably protect their citizens."

Englewood's City Council initially passed an emergency ordinance prohibiting sexually violent predators and other severe types of sexual offenders from living next to schools, parks, pools and day care centers in 2006 when the State of Colorado notified Englewood that a sexually violent predator was to be placed in an Englewood motel in close proximity to a child day care center.

Judge R. Brooke Jackson ruled that the ordinance "leaves essentially no place for offenders to live" and pushes sex offenders into neighboring cities, according to the ACLU.

However, Englewood city officials said they do not agree that the state can preempt local governments on this issue. 

"State law currently does not address where a sexual offender may live – only that he or she must register," Englewood officials said in a news release. "If, under the law, the state may place a sexually violent predator adjacent to a day care center, then it is not providing adequate protection of our most vulnerable citizens."

If the ruling stands, it will likely impact other Colorado jurisdictions, including Greenwood Village, Castle Rock, Lone Tree, Commerce City and Greeley, that have adopted similar ordinances, the ACLU said.

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