Milton Sex Offender Residency Ordinance Could Be Revised

Feb 17, 2014

Credit Delaware State Courts website

In Milton a sex offender cannot reside within 3-thousand feet of a school, park or child care center.

Now, town officials say they will consider reducing that as a result of a potential legal challenge by two attorneys on behalf of their clients because it effectively prohibits sex offenders from living in the resort.

Town Solicitor Seth Thompson said that officials want to make sure that the ordinance would withstand any sort of constitutional challenge.

He told the Wilmington News Journal that there is a least one federal case that said a town ordinance cannot complexly exclude a class of people because it could lead to a domino effect where the next city could do the same.

The state of Delaware only requires a 500-foot restriction which does not apply to day care or parks.

A hearing is scheduled for later this month.