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Terrance -v- City of Geneva

8-31-2011 New York:

Terrance -v- City of Geneva
799 F.Supp.2d 250 (2011)

Plaintiff Danny Terrance (“Terrance”) has filed a complaint against Defendant City of Geneva, New York (“the City”), requesting a declaration that the City of Geneva Municipal Code, Part II, General Legislation, Chapter 285 (“Chapter 285") is unconstitutional. Terrance also seeks an injunction against the City’s enforcement of Chapter 285. The City has filed a pre-answer motion to dismiss under Fed. R. Civ. P. 12(b)(6).

The Court agrees with the cogent and thorough opinions of the New York State courts discussed above that the State's legislative pronouncements to date establish that the regulation and management of sex offenders (including sex offender residency restrictions) is the exclusive province of the State. Thus, for the reasons discussed above, the Chapter 285 (City of Geneva Municipal Code, Part II, General Legislation, Chapter 285) is preempted by New York State Law and will not be given effect.

Accordingly, judgment in favor of Plaintiff is granted to the extent that Chapter 285 is declared invalid and will not be given effect. Because of this disposition, the Court need not rule on Plaintiff’s Federal constitutional claims. Defendant’s motion to dismiss is hereby dismissed as moot. SO ORDERED. Article: Geneva can't pre-empt state SORA residency laws, says U.S. District

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