Litigant against Pasco’s sex predator rule vows same in Hillsborough

A lawyer who is suing Pasco County, maintaining its sexual predator ordinance is unconstitutional, said he will do likewise in Hillsborough County if that county’s leaders pass similar standards.

Tampa lawyer Patrick Leduc said he was not surprised to learn the Hillsborough County Commission is considering an ordinance similar to Pasco County’s, which bars convicted sexual predators from living within 2,500 feet — about half a mile — of schools, child care centers, parks, playgrounds and other places where children routinely gather.

He predicted surrounding counties would follow Pasco’s lead when they realized Pasco’s restrictions would force registered sexual predators to seek shelter outside Pasco County.

“I said all along that this ordinance is going to force registered sex offenders to relocate to surrounding counties that fall under the state’s less-restrictive residency requirements,” Leduc said. “And once these counties got wind of it, they’d adopt tighter restrictions, too.”

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Pasco passed its ordinance in April. Before that time, Pasco, Hillsborough, Hernando and other nearby counties used the state guideline of 1,000 feet.

Leduc contends Pasco’s ordinance is unconstitutional because it makes it impossible for registered sexual predators to live in Pasco County.

He represents registered sexual predator Earl Reyes Villagomeza. Villagomeza, 31, is the first registered sexual predator to fall under Pasco’s new residency restrictions. The 907 registered sex offenders living in Pasco before enactment of the ordinance are subject to the state’s less-restrictive statute.

After his arrest in 2014, Villagomeza pleaded guilty to two counts of lewd or lascivious molestation of a child age 12 to 15. Instead of jail time, he was sentenced to two years of community control followed by eight years of probation.

Instead of returning to the Lutz home where he has lived with his parents since he was 3 years old, Villagomeza lives in a motel near the Florida State Fairgrounds in Hillsborough County — although he works full time in Pasco County.

Leduc said Pasco’s new ordinance prevents him from living in his childhood home, although he would have been able to reside there under the state law.

“The Pasco County Commission has made it impossible for them to live in Pasco County,” Leduc said. “I find it ironic. They don’t want sex offenders living there, but they’re perfectly fine with murderers, drug dealers and drunk drivers, because they have no residency requirements.”

Leduc said he will not sit back quietly as Hillsborough County moves toward passing a similar rule.

“I plan to address the commission at a hearing and let them know they’re making a big mistake,” he said. “And if they pass this ordinance, I’ll break a speed record filing a suit against them.”

Pasco Commissioner Mike Moore, who first proposed Pasco’s tighter residency requirements, and Pasco Sheriff Chris Nocco applauded Hillsborough County for following Pasco’s lead.

“I’m all in favor of other counties passing similar ordinances,” Nocco said. “These ordinances go a long way to protecting children and elderly, the most innocent people in our society, from sexual predators.”

He discounted Leduc’s contention that the restrictions make it impossible for his client to live in Pasco County.

“He’s being dramatic, saying they have to live deep in the forest” to meet conditions of the ordinance, Nocco said. “These restrictions are necessary to protect our children against the worst of the worst, the most heinous of crimes. If those defending these sexual predators really want to help them, they should offer them a spare bedroom.”

Since Pasco’s new ordinance went into effect, Nocco said, the sheriff’s office has not arrested any registered sexual predators for violating the ordinance.

“Maybe the word is out that the Pasco sheriff’s office will enforce it,” he said. “We go beyond state requirements checking on people who are on the registry. We do frequent spot visits to make sure they’re living where they’re supposed to be living.”

Leduc countered that the reason no one has violated the ordinance is because no registered predator would dare move back to Pasco.

He said Villagomeza’s family has given his parole officer five potential Pasco locations for him to live, and all have been rejected.

“The last one was a 5-acre property in the middle of nowhere,” Leduc said. “But when his parents ask why, they receive no explanation.”

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Moore dismissed assertions that the ordinance precludes registered sexual predators from living in the county.

“If a sex offender/predator falls under the Pasco ordinance and makes the decision to locate to Pasco County after being released from prison, there are plenty of places for them to live within the county,” Moore said.

“There are plenty of places where they can still live and get jobs and work,” Nocco said. “They can’t use this ordinance as a crutch or excuse not to take charge of their lives. They blame society for the horrendous acts they commit. These people have choices; they have a responsibility to change their lives.”

Nocco said his responsibility, on the other hand, is to protect the citizens of Pasco County from those who would harm them.

“The real victims are the children,” the sheriff said. “That’s why I’m passionate about this. These sexual predators are bullies who exert their power over these innocent kids. We’re trying to prevent these people from committing these crimes.”

Leduc said he is lining up an army of experts to dispute the effectiveness of strict residency requirements.

“I know I’ve got my work cut out for me,” he said. “Pasco County is bringing out the big guns.”

In December, Pasco commissioners approved the county attorney’s request to defend the ordinance using $10,000 in initial funding from the county’s risk management fund. Then, this month, the county attorney hired Clearwater lawyer Luke Lirot to represent Pasco County in the lawsuit.

“I’m not sure whether to be flattered or intimidated,” Leduc said. “The county has gone out and hired one of the best and most expensive attorneys in the state.”

The county has filed a motion asking that Leduc’s lawsuit be dismissed, and Leduc has filed an emergency motion for a temporary injunction to allow Villagomeza to return home until the lawsuit is resolved. A hearing is set for June.

– See more at: http://www.tbo.com/pasco-county/litigant-against-pascos-sex-predator-rule-vows-same-in-hillsborough-20160226/#sthash.IQDEhHTb.dpuf