NASSAU WINS RULING ON SEX OFFENDER’S RESIDENCY
Nassau County has won a reversal of a state court ruling and can continue to ban convictedsex offenders from living near schools.
Michael Diack, 36, a Level 1 registered sex offender, was convicted in 2001 of possessingchild pornography and served a 22 month sentence. He was arrested in 2011 and charged withliving about 500 feet from the Lawrence-Woodmere Hebrew Academy in Woodmere, but challenged thecounty law and won. He argued that state law, which did not include those not undersupervision, superseded the sterner county law. The appellate court reversed that decision,ruling state lawmakers had no intent to prohibit localities from adopting laws concerningresidency restrictions for sex offenders who are no longer on probation or parolesupervision.
Laura Ahearn, who heads Parents for Megan's Law and the Crime Victims Center in Stony Brook,called the appellate decision a tremendous victory for the community. The message is loudand clear, the protection of children is a top priority.