Sex offender work restrictions in my backyard

The NIMBY (“not-in-my-backyard”) phenomenon has risen to new heights in my own backyard: as detailed in this Columbus Dispatch article, a central Ohio community has “become the first city in Ohio — and one of just a few nationally — to limit not only where sexual offenders live, but also where they work.”  Here are more details:

Upper Arlington’s new law would beef up current state law that bans sexual offenders from living within 1,000 feet of schools to encompass other areas.  Then it tacks on a limit for working, as well. The new law bans offenders from living and working within 1,000 feet of not just schools, but also day-care centers, parks, playgrounds, swimming pools and libraries. The restricted areas cover about two-thirds of Upper Arlington.

Councilwoman Linda Mauger made a motion to strike the employment restriction altogether, saying, “I would rather see that money put into education and enforcement.” And Councilman Donald B. Leach Jr., another critic of the work restriction, said research has shown that such laws are “neither effective nor enforceable.” Councilman Timothy S. Rankin, the law’s sponsor, countered: “I’m convinced this law is definitely enforceable and will be enforced.”

No details were given concerning how the law will be enforced.  Council President Edward F. Seidel Jr. said it’s up to police and the city attorney to work it out. There was no discussion about jobs such as pizza-delivery drivers and gas-meter readers, whose jobs might not be located in the city but bring them into Upper Arlington.  The law does say that the restriction applies to anyone who works either seven consecutive days in Upper Arlington, or 30 times over a year….

Two states, Alabama and Georgia, and a small number of cities nationwide currently prohibit offenders from working or living within their boundaries.  Brenda Schwandt, president of the Upper Arlington Chamber of Commerce, said eight people responded to a recent e-mail survey of 481 businesses in and near the city concerning the new law. The chamber voted last week to not take a stand on the issue, she said….

Before the meeting, Grandview Heights Councilman Stephen Von Jasinski asked where banned Upper Arlington laborers will end up. “It sounds like everyone wants them to be in somebody else’s backyard and not their own,” he said. “I don’t know why Grandview should be the recipient of all the employees Upper Arlington may not want.” Being small, Grandview Heights is largely already covered by state law that prohibits predators living within 1,000 feet of schools. Von Jasinski also worries about the competitive response by neighboring communities. “You’re literally saying people have no right to be anywhere when you take this to the full extent of the law. “When do we create that leper island and just throw that key away?”

Any reader thoughts about the constitutionality and/or likely efficacy of this sex offender work restriction?  Anyone think the Supreme Court will have to weigh in on the constitutionality of (and possible limits on) all the sex offender restrictions sooner rather than later?

UPDATE:  Corey Yung at Sex Crimes has taken up these matters in this thoughtful post.