DOVER, Del. (AP/WBOC)- The American Civil Liberties Union is challenging a Dover ordinance that prohibits sex offenders from living within 500 feet of day care centers.
The federal lawsuit was filed Friday on behalf of 46-year-old Michael A. Justice.It challenges an ordinance adopted last year, several months after Justice, a registered sex offender, began living at his mother's apartment, which is near a day care center.
Justice claims the ordinance cannot be applied retroactively to offenders convicted before its enactment. He also argues that the ordinance is pre-empted by state law that prohibits certain sex offenders whose victims were under 16 from living near schools, but says nothing about day care centers.
According to court records, Justice was convicted in September 2006 of fourth-degree rape for having sex with a girl three months before she turned 18.