Depositions taken in sex offender ordinance lawsuit

LYNN – Attorneys were in City Hall last week taking depositions in regards to a two-year-old lawsuit filed on behalf of area sex offenders by the American Civil Liberties Union.”The City of Lynn has decided to depose some of the people involved,” said Miriam Mack with the ACLU. “We are still in the discovery phase.”In April 2012 the ACLU filed a lawsuit against the city, challenging the legality of the city’s sex offender ordinance. The ordinance prohibits anyone deemed a Level 2 or Level 3 sex offender from living within 1,000 feet of a school, park or private or public recreational facility.Level 3 sex offenders are convicted felons considered at high risk to re-offend. Level 2 offenders are considered a moderate risk to society.Attorney John Kiernan, representing the city, confirmed there were depositions going on but said the suit is in a bit of a holding pattern. That might soon change, however.Kiernan said he is anticipating a request for summary judgement will be filed in the very near future. A summary judgment is when a case is heard and judgment issued on the merits of the entire case without a full trial.Mack said both sides are still gathering information, but there are some motions that the ACLU may bring forth on what she called “pure legal issues.”Prior to the suit even being filed, Mayor Judith Flanagan Kennedy said she didn’t think the ordinance would hold up in court, based on pure legal issues. She called the ordinance too broad and even a preliminary projection made her wonder if there is anywhere in the city where an offender can live without violating the city’s ordinance. She also suggested that the city take a closer look into the specifics of what a more practical ordinance might look like.Then-City Council President Tim Phelan called the ordinance “common sense” and said the ACLU’s argument was an example of political correctness going too far.What a judge might say remains to be seen, and Mack declined to speculate as to when the ACLU might be ready for court.”The purpose is to have the most information that we can, it’s the same for the city,” she said. “I can’t put a timeline on how long that might take.”