Tension Between Public Policy, Private Covenants for a Registrant in Pennsylvania

A Pennsylvania court recently ruled on whether a homeowner’s association can legally exclude a Tier Three registrant from living in their neighborhood.  The man had lived in the planned community since 1988 and committed sexual crimes in 2015 and 2016.  The association for the neighborhood wanted the man to move elsewhere, so they came up with an amendment that prohibited people who are forced on the registry for life from living in their community.  Nothing was said about released murderers, drug dealers, etc.

Fortunately, the court voided the amendment because “of the public policy of Pennsylvania of reintegrating sex offenders into society, whenever feasible.”  The court also noted, “The goal of the law is to reduce recidivism.”  I hope Florida is listening.  Most released inmates in Florida receive $50 and a bus pass.

A Florida State Supreme Court’s decision was used by the plaintiff in this case.  Of course, Florida is always on the side that encourages becoming a police state.

“…if all counties were to adopt similar ordinances, the statewide statutory scheme would be eviscerated by local interference with the policies of rehabilitation, reintegration, and diversion from prison for appropriate offenders.”

“The court was very concerned that if it were to green-light the registrant’s expulsion from his residence, it effectively would allow the outsourcing of sex offenders to the 90% of commonwealth whose residents do not live in planned communities with a homeowners association.”

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