Thursday, June 26, 2008

Nevada Sex Offender Law Challenged Jun. 25, 2008 Las Vegas Review-Journal

ADAM WALSH ACT: Sex offender law tested anew
Constitutionality of law taking effect July 1 challenged

Challenges to Nevada's new sex offender law mounted Tuesday as the American Civil Liberties Union of Nevada filed a complaint in federal court on behalf of 12 sex offenders who claim the law is unconstitutional.

The lawsuit was filed on the same day a District Court judge granted an injunction on behalf of two unnamed sex offenders, which permits them temporarily not to comply with the new law, known as the Adam Walsh Act.

The lawsuit claims the new law, set to take effect on July 1, violates sex offenders' constitutional rights by punishing them for crimes for which they've already served time. It also restricts their movement in that the law prevents them from being within certain distances of schools, parks or day care facilities, the lawsuit states.

On Tuesday, District Judge David Wall granted the preliminary injunction for two sex offenders who filed a challenge to the new law. The injunction, filed by attorney Richard Schonfeld, allows the sex offenders, known only as D.P. and W.L., to not comply with the new law while their case is heard in court. It was granted in part because the sex offenders might win their case, Schonfeld said.