Deltona bans sex offenders from parks

[Ed: The proliferation of "status" crimes- in this case criminalizing behavior by sex offenders that is completely legal when exercised by non sex offenders- continues to gather a sinister momentum. These cynical know-nothing laws, by appealing to the ignorance and sadism of the public and its basest instincts, display nothing but contempt for essential liberties and establishes a path down which we will discover the extinction of justice in our land. Remain silent at your peril!

DELTONA -- Even as Deltona's existing sex offender law continues to face legal hurdles, city leaders unanimously voted to strengthen it Monday night by banning offenders from city parks and playgrounds.

It's one of two controversial issues the commission tackled. The other would let the city reimburse itself if it approved $69.5 million in bonds for four construction projects.

Even though both expressed concern, Commissioners Zenaida Denizac and Herb Zischkau approved the stronger measure, which basically forbids a sex offender from "knowingly entering into or on any public park owned, operated or maintained by the City of Deltona."

It's similar to a law passed by officials in Woodfin, N.C., and upheld in the North Carolina Supreme Court. Deltona leaders feel that this one will stand up in Florida also.

However, Denizac expressed concerns about the effectiveness and enforcement of the ordinance, saying it had no real power.

"I am concerned we are giving people a false sense of security," she said. "I am not convinced we have enough force out there to enforce it. It's just a feel-good ordinance."

Mayor Dennis Mulder disagreed.

"For me, this is a feel-good ordinance," Mulder said. "I am going to feel very good about passing it. We ought to feel good about protecting the public."

Deltona has had problems with its ordinance, which attempts to ban sex offenders from living within 2,500 feet of a school, a playground, a park or other site where children congregate.

It has been argued the city's law is too broad and basically excludes a sex offender from living anywhere in the city limits. Last year, a judge said the city would have to pay for legal representation of three sex offenders that Deltona had taken to court.

City leaders are still discussing how to proceed with that issue but have been unwilling to rescind the law, fearing the city would become a haven for sex offenders with surrounding cities all adopting similar laws.

Discussion of the bond issue became heated at times as Zischkau and Mulder disagreed.

The issue before commissioners was whether to approve four ordinances that would allow the city to reimburse itself for expenses should leaders decided to move forward with seeking bonds for these projects.

The four projects are $25 million for a public safety complex and fire station, $22 million for a new wastewater treatment plant, $15 million for the purchase of the county's Deltona North Water and Wastewater System and $7.5 million for drainage projects.

Denizac and Zischkau objected, saying now wasn't the time for the city to talk about encumbering funds. "I am not willing to put the city at risk. It's a very wrong step," Denizac said.

"These are good projects that I advocated for myself, but these are different times. I think we need to reassess what is really urgent and what can wait. I don't want to put the city at risk."

City Manager Faith Miller said approval of the four ordinances was just the first step, and that it didn't obligate the city. She said a bond issue for all four projects would have to be approved by city voters.

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