COAL TOWNSHIP - The threat of a lawsuit in light of a state Supreme Court ruling spurred township commissioners on Thursday to reluctantly repeal an ordinance establishing residency restrictions for sex offenders.
The American Civil Liberties Union (ACLU) threatened legal action against Coal Township if it enforced Ordinance 428 against its client, Kyle J. Snarski.
The ordinance, adopted in 2008, barred sex offenders from living within 1,500 feet of certain areas, including schools, child care facilities and playgrounds.
"Mr. Snarski cannot be required to move, as Ordinance No. 428 is no longer enforceable," Witold Walczak, legal director of ACLU of Pennsylvania, wrote in a letter dated Nov. 18 and sent to Coal Township officials.
"If the township takes any action against Mr. Snarski ... we will bring legal action to protect his right to remain in his home," the letter states.
Snarski, 28, pleaded guilty in 2003 to distributing child pornography in Centre County while attending Penn State University. He's registered on the state Megan's Law website as a lifetime offender.
Pennsylvania's high court in May struck down an Allegheny County law regarding residency restrictions, and in the months since many municipalities repealed similar ordinances.
The court said such restrictions conflicted with state code by interfering with "appropriate offenders" right to be reintegrated into a community, according to Walczak's letter, which quoted the court ruling.
Patrolman Chad Yoder was enacting the township ordinance when he notified a relative of Snarski's that he was to vacate a township residence within 45 days because he was violating the restriction, according to Walczak's letter.
Snarski's primary residence is listed on the state's Megan's Law website as 1101 W. Chestnut St., which may have violated the former ordinance given its proximity to Arch Street playground.
Township commissioners expressed their disappointment in having to repeal the ordinance during Thursday's monthly meeting. Vince Rovito, township solicitor, explained there wasn't much choice but followed by saying he'd explore other ordinance options.
A motion to repeal passed 4-0, under protest, with commissioners Gene Welsh, Craig Fetterman, George Zalar and Gerard Waugh III voting in favor. Commissioner Paul Petrovich was absent.