DADE CITY — Sixth Judicial Circuit Court Judge Linda Babb signed a protective order this week that prevents the Pasco County Sheriff’s Office “from further harassment” of a registered sex predator living in Pasco County.

The protective order stems from a lawsuit filed in October against Pasco County by Tampa attorney Patrick Leduc. Leduc maintains the residency requirements outlined in the county’s sexual predator ordinance adopted in April have prevented registered sex predator [OMITTED], 32, from finding a place to live in Pasco County.

Since filing the lawsuit, two more Pasco County registered sex predators have joined the suit.

One of those clients, said Leduc, has been harassed by sheriff’s personnel.

Leduc said on March 15, the day after he added him to the lawsuit, two Pasco sheriff’s detectives arriving in separate unmarked cars showed up at the home of Pasco County resident [OMITTED], 75.

[OMITTED] was convicted of attempted sexual battery on a child under age 12 and lewd and lascivious indecent assault of a child under age 16. He served 12 years in prison and was released in 2010. He is no longer on probation but is required to register as a convicted sexual predator.

Leduc said the detectives tried to persuade [OMITTED] to drop out of the lawsuit, telling him the new residency restrictions do not apply to him.

The 2015 county ordinance prevents registered sexual predators and offenders from living within 2,500 feet of a school, public library or other place where children regularly gather.

[OMITTED], who received two years of community control after pleading guilty to three counts of lewd and lascivious molestation of a child age 12 to 15, is subject to the new county ordinance because he was convicted after it went into effect.

[OMITTED]’s conviction predates the passage of the ordinance, so he is among the 907 registered sexual predators in Pasco County who are subject to the less-restrictive 1998 Florida Sexual Predator Act requiring a distance of 1,000 feet.

“This is an elderly man who suffers from post-traumatic stress (disorder) from his time in prison and is under a doctor’s care,” Leduc said. “It scared him to death when the detectives appeared at his door unannounced. I know their intent wasn’t to threaten him but he felt threatened.”

Following the visit from detectives, [OMITTED] called Leduc and told him he wanted to drop out of the lawsuit.

“He has a reasonable fear of incarceration based on his status as a sexual offender and experienced severe emotional distress after the detectives’ visit,” Leduc said.

In the protective order, Leduc contends the detectives’ visit represents “prior restraint,” a government action intended to censor free speech.

“They told him this is a frivolous lawsuit,” Leduc said. “In essence, these detectives were practicing law without a license and interfering with the attorney-client relationship. He was intimidated and feared retaliation from the sheriff’s office if he didn’t drop his lawsuit.”

While the sheriff’s office is responsible for keeping track of registered sexual predators and offenders to ensure they are adhering to the laws that pertain to them, Leduc said the detectives’ actions go beyond mere monitoring.

“The sheriff’s job is to enforce the law, not advocate,” Leduc said. “He needs to butt the hell out and let the courts to their job.”

Pasco Sheriff Chris Nocco declined to comment except to say, “I have no respect for anyone who protects child molesters.”

Leduc subsequently notified Clearwater attorney Luke Lirot, hired in January to represent Pasco County in the lawsuit, In a strange twist of events, Lirot agreed to join the protective order against the Pasco County Sheriff’s Office.

In his response via email, Lirot said the detectives were simply trying to clear up any confusion regarding which ordinance the plaintiff falls under.

However, he said he agreed to the protective order to avoid any misinterpretation of the detectives’ actions.

“Rather than have these individuals misconstrue limitations on their conduct that were simply not applicable, the detectives responsible for their compliance issues made contact with these proposed new plaintiffs to try and clear up any confusion,” Lirot wrote.

Leduc said the sheriff’s office not only overstepped its boundaries but gave his clients faulty information.

Although it’s true [OMITTED] and the third client, [OMITTED], 43, are not subject to the new residency restrictions because they were convicted prior to the passage of the ordinance, all three of his clients are affected by the 300-foot child safety zones in the new ordinance, Leduc said.

[OMITTED] was convicted in 2009 of unlawful sexual activity with minors age 16 to 17.

“The child safety zones apply to all registered sexual predators and offenders no matter when they were convicted,” Leduc said.

The ordinance prohibits a sexual predator or offender from being on or within a safety zone when a child or children are present. Locations subject to safety zone restrictions include schools, playgrounds, skate parks, zoos, water parks, public swimming pools, youth camp grounds, youth sports facilities, bus stops, amusement parks, public beaches and the county’s 4,400 school bus stops.

Registered sex offenders and predators may drive by or walk by these facilities. However, they cannot loiter or engage in activities within 300 feet of them.

Leduc said the ordinance is wide open to interpretation.

“In addition to the more than 200 schools in Pasco County, does it include home schools? Does it include the (127) VPK (voluntary prekindergarten) programs in the county?” Leduc asked.

He noted that every Wal-Mart and Target have toy departments frequented by children.

“Are they included?” he asked. “What about the playgrounds at McDonald’s and other fast-food restaurants? Does this mean my clients can’t eat at a McDonald’s? There’s almost nowhere they can go in Pasco County without violating the child safety zone requirements.”

He said he’s representing his three clients pro bono because he believes the ordinance continues to penalize those who have already served their sentences.

“This ordinance is ethically stupid and legally unconstitutional,” he said. “It’s not based on any empirical evidence that it protects children.”

County Commissioner Mike Moore, who proposed the tighter residency restrictions for registered sexual predators and offenders, maintains the ordinance is necessary to protect the county’s children and noted that similar ordinances around the country have been upheld in court.

The Hillsborough County Commission is now considering stricter residency requirements in an ordinance modeled after Pasco County’s ordinance.

– See more at: http://www.tbo.com/news/crime/dont-harass-sex-predator-judge-tells-pasco-sheriffs-office-20160331/#sthash.48TKVeaS.dpuf