799 F. Supp. 2d 250
W.D.N.Y.2011Background
- Terrance filed a federal suit challenging Geneva Chapter 285 as unconstitutional and seeking declaratory and injunctive relief against enforcement.
- Chapter 285 bans level 2 and 3 sex offenders from residing within 1000 feet of schools or 500 feet of parks/daycare in Geneva, with a 90-day relocation window if moved in violation.
- Terrance is a level 3 offender, previously convicted of first-degree sexual abuse; he is not currently on probation or parole.
- New York law (SORA) governs sex offender registration and residency restrictions; the State enacted a comprehensive regulatory scheme on this topic.
- Terrance notified the City of Geneva of a residence within 500 feet of a playground, triggering Chapter 285 enforcement steps.
- The City removed the case to federal court and moved to dismiss; the court ultimately held Chapter 285 preempted by State law and granted relief to Terrance on that basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Chapter 285 is preempted by New York State law | Terrance argues SORA comprehensively occupies the field | City contends local limits are not preempted by State regulation | Chapter 285 is preempted by State law |
| Whether the court may hear Terrance's state-law preemption claim via pendent jurisdiction | Federal claims justify exercising pendent jurisdiction over preemption | Requests remand and argues lack of jurisdiction | Pendent jurisdiction exercised for the preemption claim |
| Whether State regulatory scheme overrides local residency restrictions for all offenders | State policy governs residency restrictions and preempts local rules | State scheme does not fully occupy field or exclude local rules | State scheme comprehensively occupies field; local ordinance invalid |
Key Cases Cited
- United Mine Workers of America v. Gibbs, 383 U.S. 715 (1966) (pendency and discretionary jurisdiction principles; permissive jurisdiction of federal courts over state claims)
- Claridge House One, Inc. v. Borough of Verona, 490 F. Supp. 706 (D.N.J. 1980) (pedendent jurisdiction when federal claims have merit and aid efficiency)
- Siler v. Louisville & Nashville R.R. Co., 213 U.S. 175 (1909) (principles on federal-question jurisdiction and ancillary claims)
- Hagans v. Lavine, 415 U.S. 528 (1974) (standards for determining when a constitutional claim supports jurisdiction)