Remove group home for child s** offenders from our neighborhood

332

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The Issue

Our neighborhood, Pennsburg PA, a place where children should feel safe and free to play, watch their favorite shows, and build lifelong friendships, has been disrupted by the presence of a group home for child s**  offenders. This establishment, privately owned by Liberty Ministries, a is not just any ordinary residence; it stands directly at the bus stop, a place where our children gather each morning to catch public transportation.

Every day, our children have to pass by this home, which has become a looming source of anxiety and fear. My children, along with many others in the neighborhood, do not feel safe. We have frequently observed individuals watching from the windows as our children wait at the bus stop. Imagine being a parent and knowing that your child's daily journey to school is fraught with discomfort and fear rather than excitement and eagerness.

The safety of our children should be our top priority. Studies have shown that the mere presence of individuals with a history of offenses can lead to an increased sense of insecurity among community members, especially vulnerable populations like children. We acknowledge the necessity for rehabilitation and integration, but the location of this group home in such close proximity to our children's daily environment is inappropriate.

We propose the relocation of this group home to a location that does not directly affect the daily lives and well-being of children. There are numerous alternative locations within our city that could accommodate such facilities without posing a threat to child safety and peace of mind.

Let's come together as a community to advocate for our children's safety. By signing this petition, you are not only voicing your concern but protecting the fundamental right of every child to grow up in a safe, secure, and nurturing community. Please help us safeguard our children's future and ensure their safety is not an afterthought. Sign now to support relocating the group home to a more appropriate location.

The Decision Makers

Solicitor to the Borough of Pennsburg
Solicitor to the Borough of Pennsburg
Responded
Please be advised that I serve as Solicitor to the Borough of Pennsburg. I am writing in response to the petition on Change.org and recent inquiries to Borough officials concerning the group home located on Dotts Street in Pennsburg and operated by Liberty Ministries. Borough Council and staff have carefully reviewed the concerns expressed, particularly those relating to the safety of children and the understandable anxiety associated with the presence of registered sex offenders near a school bus stop. At the outset, I want to acknowledge that these concerns are real and sincerely felt. The safety of children and the well-being of families are matters the Borough takes very seriously. We appreciate your role in bringing this perspective forward in a constructive manner. After careful legal review, however, please understand the Borough is constrained in what actions it may take. Under Pennsylvania law, the regulation of where registered sex offenders may reside is governed primarily by state statute, including the Sexual Offender Registration and Notification Act (SORNA), codified at 42 Pa.C.S. § 9799.55 and related provisions. Importantly, the statutory restrictions on group-based housing—such as limits on the number of residents and spacing requirements—apply only to individuals classified as sexually violent predators. Based upon information available to the Borough, none of the residents of the subject property fall within that classification. As a result, those statutory restrictions are not implicated here. In addition, the Borough has previously determined that the use of the property as a group home is lawful. Pennsylvania law requires that zoning ordinances not be exclusionary or discriminatory in effect. Courts have consistently held that municipalities may not prohibit otherwise lawful residential uses or target particular classes of occupants absent a clear legal basis. In this instance, SORNA does not provide a legal basis to prohibit these residents from residing in the group home. Accordingly, the Borough cannot amend or apply its zoning regulations in a manner designed to exclude this use solely because of the identity or status of its residents. The Borough has also confirmed that there are no known violations of applicable building, fire, property maintenance, or occupancy codes at the property that would support enforcement action. Additionally, the Upper Perk Police Department has advised that there have been no recent incidents or calls for service that would constitute a nuisance or otherwise justify intervention under the Borough’s police powers. As a practical matter, this means the Borough does not have legal authority to close, remove, or relocate the group home under the circumstances presented. To attempt to do so without a lawful basis would expose the Borough to significant legal challenge. The Borough has explored other avenues to address community concerns. For example, Borough officials communicated with the Upper Perkiomen School District regarding the possibility of relocating the nearby bus stop. However, that decision rests solely with the school district and transportation company and they have elected not to make a change at this time. While the Borough cannot take the action requested in the petition, it remains committed to public safety. The Borough will continue to coordinate with law enforcement and monitor the situation. Residents are encouraged to report any suspicious or concerning activity to the Upper Perk Police Department so that it can be promptly investigated. We understand that this conclusion may be frustrating given the concerns raised. Please know that the Borough is obligated to operate within the framework of state law, and those legal constraints limit the actions available in this matter. We appreciate your engagement and advocacy on behalf of Pennsburg constituents. We sincerely hope the information in this email is helpful. Sincerely, Mark A. Hosterman, Esq. [Note: The Change.org Civic Engagement Team reaches out to decision makers to let them know about petitions in their community and to help facilitate engagement with supporters. The above was an email response we received regarding this petition.]
Pennsburg Borough Council
7 Members
Michael Mensch
Pennsburg Borough Council
Adam Krisko
Pennsburg Borough Council
Brian Kilpatrick
Pennsburg Borough Council
Brian Mentzer
Brian Mentzer
Mayor, Pennsburg Borough

Supporter Voices

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