Former resident sues city, says son was targeted

2-20-2014 Pennsylvania:

Former city resident Leo Conway already got city officials to revise Carbondale's sex offender ordinance by threatening a lawsuit against them if they refused. But now he is taking legal action against the city and the mayor regardless, arguing that he and his son were singled out for enforcement under the old ordinance, forcing them to move out of their home and leave the city.

Mr. Conway, who now resides in Archbald, claims his son Patrick was among 15 sex offenders on Megan's List residing in Carbondale in 2012. Yet he says that his son was the only one targeted by Mayor Justin Taylor for enforcement under the city's sex offender ordinance. The law at that time restricted offenders from residing within 2,500 feet of areas where children gather, such as a school, child care facility, public park or recreational facility.

Patrick Conway had been convicted in 2009 of unlawful communication with a minor as part of a police "sting" operation. When Taylor learned that he was living in an apartment with his father across the street from a playground on Route 6, and just a short distance from an elementary school, he contacted the Conways' landlord about the violation and eviction proceedings began against them.

According to Mr. Conway, he met with Mayor Taylor about a dozen times and showed him documentation that a state Supreme Court decision in 2011 rendered Carbondale's ordinance as unconstitutional and therefore it should be changed. However, he says Taylor insisted that "his" law took precedence and he refused to budge.

Mr. Conway and his son showed up at a City Council meeting in August, threatening to sue the city if the sex offender ordinance wasn't changed to comply with the Supreme Court ruling.

Having served as a magistrate judge in Wyoming County for 25 years before moving to Carbondale, Mr. Conway accused Taylor of "looking down upon" him and his son.

"We were very happy here," he related in his presentation to council. "But then the mayor told me, 'Pat has to go!' That was it."

"We have been defamed with the Conway name," he complained. "I could cry."

For his part, Taylor said at the time that it was his custom to check the Megan's Law website every year to ensure that all registered sex offenders were complying with the city ordinance, which had been enacted in 2007. When he came upon the case of Patrick Conway by pure chance, since the Conways were erroneously listed as living in Carbondale Twp., he said he took action in accordance with the existing statute.

Taylor also disputed Mr. Conway's contention that the two had discussed the matter on multiple occasions. He said said they spoke about it only once at the time of the eviction process, and then he didn't see Mr. Conway again until about two weeks before the council meeting when Conway showed up at his office to complain about a parking ticket.

After the August meeting, Taylor told the NEWS that the city solicitor would "conduct a thorough review of the matter."

The following month, council introduced an amended version of the city ordinance which loosened restrictions on registered non-violent sex offenders by removing the prohibition on where they can live in the city. The revised law was later approved by council and enacted into law.

The Conways' lawsuit alleges that the city acted in a "capricious, unreasonable and discriminatory manner," and that the actions taken against Mr. Conway and his son were done in retaliation for their speaking out against the ordinance, which is a violation of their right to free speech under the First Amendment.

The suit also contends that Taylor "publicly and recklessly" made false allegations against Mr. Conway's son in the aftermath of that meeting, by claiming that he had an extensive criminal record which included burglary, forgery and receiving stolen property.

Taylor acknowledged in an interview with the NEWS at the time that this information was inaccurate. He said the error was due to the fact that those additional crimes were committed by another Patrick Conway who resides in Pennsylvania, which he found while researching Mr. Conway's son and thinking they were part of his record. ..Source.. by Tom Flannery