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A Chatham County judge decided not to make a ruling today in the case of two registered sex offenders arrested earlier this year for attending a church.
Both James Nichols and Frank Demaio were arrested in March for being within 300 feet of a child care center at the Moncure Baptist Church.
Both men had previously spent time in jail for indecent liberties with children.
The law prohibits registered sex offenders from being in close contact with places like schools, playgrounds, and day cares.
Demaio and Nichols attorney argued the law is too vague and interferes with the right of sex offenders to practice religion.
The state says the law is aimed to protect children from sex offenders, and that the two men could attend other churches where there were not day cares or could get private counseling from a pastor.
Judge Allen Baddour said he will make his ruling out of session.
There is no specific date set for the verdict, but it may come in the next couple of weeks.
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By myrak on 11/13 09:25 AM
I wrote NC AG Dept of Justice and asked for the a copy of the RULES Do's and Don'ts for Sex Offenders. The rules are so vague and nonspecific. As I understood the law they can't go into a facilty used PRIMARILY FOR CHILDREN; churches are not used PRIMARILY FOR CHILDREN. Brings up another question! IF they live next door to a home where a resident babysits or does child care (NO SIGN ON HOUSE) - what would the law be in this case. Roy T Cooper needs to get to his desk and come up with some specific rules that can be understood by a sex offender. If a judge can't understand them and has to study them, how do you expect the offender to understand them? Cooper has his eye on running for Governor. Shudder!
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