Common Council to consider further options on sex offender ordinance at meeting next week
By Kellen Olshefski
Editor
The City of Elkhorn Common Council agreed Monday night on meeting next week to further discuss possible options other than a sex offender residency restriction ordinance.
For nearly two years now, according to Mayor Brian Olson, the council has been working on an ordinance that would effectively prevent sex offenders from moving into the Elkhorn area, barring them from living closer than a designated number of feet from “child safety zones.”
Olson started off discussion Monday night by noting that the ordinance has been in discussion for two years in numerous presentations and meetings, which included the council.
“I have been asked personally, why this law,” Olson said. “My answer is as follows: placing a large volume of convicted criminals that committed atrocities toward children in the vicinity of children is a public safety issue.”
Olson said the ordinance before the council for a first reading Monday night mirrors similar ordinances that have been contested, such as Frankling and South Milwaukee. Olson noted that both have been challenged and upheld by the courts. Olson said more than 100 communities in Wisconsin have been faced with a similar issue and have pursued a residency restriction ordinance.
However, Olson said if the ordinance were to pass, it’s important residents realize they still need to be cognizant of their children’s safety.
“I think we need to be clear that it does not mean we are safe,” he said.
“I think we need to be clear that we don’t stop talking with all of the involved associations. It doesn’t mean we stop educating and promoting awareness in our community.”
Olson said regardless of the ordinance, he agrees with City of Elkhorn Police Chief’s stance as of lately, being that the city can and will do more to educate and promote awareness of the issue.
“Your sitting council here tonight has a lot of passion on this topic, either for or against, and I personally respect all of your views,” he said.
Alderman James D’Alessandro came prepared Monday night with a list of sex offenders he prepared from the Wisconsin Circuit Court Access website, living in the Elkhorn area who are allegedly repeat offenders. D’Alessandro began by reading the list of names, noting their offenses, where they live, when repeat offenses were committed and where if possible. D’Alessandro also listed offenders who allegedly committed sex crimes while living at Elkhorn’s Nickel Plate Hotel.
According to D’Alessandro, 34 out of the 60 offenders he counted now living in the City of Elkhorn committed crimes against children.
“There may be more because some records were cross referenced to other cases, or I could not access out of state records,” he said, noting the Department of Corrections could provide the most accurate numbers.
D’Alessandro said offenders committed other numerous crimes besides repeat sex offenses against children, including bail jumping, OWIs, open intoxicants, lewd behavior, disorderly conduct, harassment, trespassing and failure to register.
“And that could go on,” he said. “Keep in mind that 50 out of the 60 are from out of state or from around the state, 83 percent.
“These people are in our community committing crimes.”
D’Alessandro referenced State statute 948.14, which prohibits convicted sex offenders from intentionally capturing a representation (i.e. photographing) of a minor without written consent from a minor’s parent, legal custodian or guardian.
“I look out my window almost every day and see hundreds of kids leaving the schools and filtering through our streets, thousands of feet, where sex offenders live,” he said. “I don’t know if they’re filming our children, but why give them that opportunity.”
“I say to this council, we have a moment in time to do the courageous act of voting in favor of this ordinance…because if we do not, we are sending the message to the people hat we represent that we will continue the never ending inflow, outflow, of sex offenders into our city,” he said.
D’Alessandro said with the city having met last month and been asked what its identity is, he doesn’t understand how they city will work towards attracting businesses, tourism and commerce if it continues to be a “dumping ground” for out of town sex offenders.
“Really, what a waste of money to pay anyone to come to Elkhorn to help us with our identity, or what type of commerce we should be seeking when we area a haven for out of town sex offenders,” he said.
“It’s been sad to hear people say that they will no longer walk on certain streets or live in certain neighborhoods. Let’s look toward the future together … let us send the message that our city is a safety zone for our children. Let’s have people say that any street or neighborhood is a great place to feel safe and raise your children. Let’s start now by passing this ordinance and take back our city.”
Alderman Hoss Rehberg said his concern is that it does not address the safety issues with sex offenders currently living in the city, noting that for many years, “it’s not going to change what we currently have in place and the sex offenders we have here.”
Olson said the immediate impact would focus more on the transient population and noted laws are still in place requiring offenders to continue checking in with the Department of Corrections.
Alderman Tom Myrin said he wanted an opportunity to sit and listen to what some of the newer ideas could possibly be as he is still fairly new to the council and has not been able to meet with the Department of Corrections and other agencies.
“Scott [McClory] made a great presentation at our last meeting in regards to sitting down and sharing some ideas and I think that’s a good idea,” Myrin said.
Ed Scaro, who lives on West Court Street, said he appreciates what the council is attempting to accomplish, but he’d like to see the council approach it slowly and do it right the first time.
“You don’t want to see something kind of forced through,” he said. “We all want a safer community, that’s what we want…I appreciate what you’re doing to make our community safer, I just want to do it right the first time.”
Olson said later Monday evening that D’Alessandro’s “solid open records data” showed sex offenders in Elkhorn have been re-offending and it was reassuring that the council is doing the right thing with the ordinance. Olson said if passed, people will still have to stay vigilant.
