PITTSBORO
A North Carolina law that limits sex offenders' ability to worship unconstitutional, a judge ruled Thursday.
Two parts of a North Carolina general statute aimed at protecting children from child molesters are unconstitutionally vague and overly broad, Superior Court Judge Allen Baddour said Thursday. He said the statutes infringe on the constitutionally protected right to worship.
The decision comes after authorities arrested registered sex offender James Nichols in March for attending a Baptist church outside of Raleigh because the church provided on-premise childcare. Baddour dismissed the charges.
The statute says offenders must stay 300 feet away from any area intended for the use, care of or supervision of minors and any place where minors gather for regularly scheduled events.
Baddour said the laws "infringe upon protected rights ... to practice religion, which are fundamental rights protected by the First Amendment."
He added that it is impossible for a sex offender, law-enforcement officer or citizen to determine which areas fall under the category of a place where minors gather for regularly scheduled events. He ruled the law too vague to follow.
Baddour pointed to less drastic measures the state could take to protect children from offenders, including an exception already in the statute that allows offenders to be on school property for a specific purpose.
"I'm very happy for these individuals and the congregations that supported them that they will be able to attend church on Christmas," said Katy Parker, legal director for ACLU North Carolina, which filed an amicus brief in the case.
Parker said the decision comes at a time when sex offender legislation is under fire across the country.
"For a good while, the courts were upholding any restrictions against sex offenders no matter how drastic and you're starting to see the courts realize that some of these laws have gone way overboard," Parker said. She added many laws restricting sex offenders are unenforceable and can punish offenders for trying to rehabilitate themselves.
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