Biddeford sex offender fights ordinance he's accused of violating

9-19-15 Maine:

BIDDEFORD (WGME) -- Four months after the city of Biddeford passed an ordinance that restricts where registered sex offenders can live, the first man to be charged is fighting it.

Charlie Rodriguez, 35, and his wife moved into their South Street apartment on August 1.

"We wanted our own space and then we found out the baby was coming, so we needed our own space," said Rodriguez.

Days later, Biddeford Police told him to move out.

Panicked, but not shocked, Rodriguez said that's when he learned about the city ordinance restricting where registered sex offenders can live. It applies to those moving to Biddeford after May 19, 2015 when it was enacted. Registered sex offenders who were there previously do not have to relocate.

Back in 2000, he was convicted of unlawful sexual contact with a person under 14 and spent 70 days behind bars.

"It's humiliating to live with this sort of stigma and have to hide," he said.

Now, he's stepping out of the shadows to challenge the rule that police say prohibits him from living within 750 feet of places like schools and parks. In his case, it's Williams Court Park.

The ordinance says restricted properties include schools, as well as parks, athletic fields or recreation facilities that are "open to the public where children are the primary users."

"I mean, it's in black and white," said Rodriguez.

Williams Court Park is a small one, and according to the sign it's for pedestrians only. It also says no balls, frisbees, rollerblades, rollerskates or skateboards.

"There's nothing about that park that says, 'This is a place for children to play,'" said Rodriguez.

"It's a neighborhood where there are a lot of underage people under 14 and they do frequent that park, so it qualifies," countered Police Chief Roger Beaupre.

Beaupre said Rodriguez failed to move within 30 days of being notified and has now been summonsed to court for a civil violation.

"The ordinance is written that each day that goes by he has not moved is a $500 fine," said Beaupre.

Rodriguez said he'll respect whatever the judge decides, whether he's forced to pay the fines or move, but isn't going down without a fight.

"At some point you have to stand up for yourself," he said.

Rodriguez is due in court on November 25. ..Source.. by WGME13.com