City advances revised sex-offender limits

The Marlborough City Council tentatively approved an ordinance last night regulating where sex offenders can live and work and banning them from local establishments such as the Solomon Pond Mall.

The ordinance, which the American Civil Liberties Union has characterized as one of the most restrictive of its kind in the state, bans some sex offenders from living within 2,000 feet of schools, day-care centers, and places where children congregate. It also bans sex offenders from visiting a long list of public places, including several local restaurants, the Assabet Rail Trail, and the city's golf courses.

In all, nearly 80 percent of the city would be off limits.

John Reinstein, executive director of the American Civil Liberties Union of Massachusetts, said the organization is monitoring cities that are considering such proposals, and he did not rule out a future lawsuit.

Reinstein called Marlborough's rules "more extensive in scope than any others I've seen in Massachusetts."

"I think Marlborough is inviting trouble by expanding the scope of the prohibitions as far as it has," he said.

The City Council will vote on the measure again at its May 21 meeting before it can be officially passed and signed by the mayor. Last winter, the City Council passed a similar measure, but Mayor Nancy E. Stevens vetoed it during a press conference.

Working with the city's police chief and a group of city administrators, she retooled the ordinance to allow sex offenders living in the city to remain in their homes.

In addition to adding a list of forbidden public places, Stevens expanded the ban to restrict sex offenders from moving near the elderly, the mentally retarded, or children.

The City Council approved her version last night, 7-4.

Councilor Robert Katz said he did not think the rule would keep sex offenders from living in the city, but he said it sends a message.

"It creates one more hurdle for sex offenders to overcome," he said.

Councilor Scott Schafer opposed the ordinance, particularly the mall ban, calling it "feel - good legislation" impossible to enforce.

"Should we constrict where a convicted drunk driver can live and work and eat?" he asked. "Or people who fail to renew their dog licenses?"

Similar ordinances have been enacted in West Boylston and Fitchburg, and other municipalities, including Springfield, are considering similar measures.

Megan Woolhouse can be reached at mwoolhouse@globe.com.