N.C. judge strikes down law banning sex offenders from church

By Bob Allen
Friday, December 18, 2009

PITTSBORO, N.C. (ABP) -- A North Carolina judge has ruled in favor of two registered sex offenders arrested in May for attending a Baptist church near Raleigh.

Francis Demaio and James Nichols were indicted May 11 for violating a state law requiring sex offenders to stay at least 300 feet away from places used primarily by children. The two men had been attending Moncure Baptist Church, which has a nursery on its premises, for several months.

Chatham County Superior Court Judge Allen Baddour ruled Dec. 17 that the law is unconstitutionally broad and vague.

Baddour said North Carolina's Sexual Offender Unlawfully on Premises law is constitutional on its face, because it prohibits conduct by all qualifying offenders without regard to religion. However, he added, while the state has a compelling interest in safeguarding children, the judge ruled, "There are less drastic means for achieving the same purpose." the rest