Duane Moore v. County of Suffolk
Mar 30, 2012OUTCOME: Still pending.
Plaintiff Duane Moore ("plaintiff") commenced this action on May 13, 2009 against defendants County of Suffolk ("County"), Town of Southampton ("Town"), Mark Epley in his official capacity as Mayor of ... the Village of Southampton ("Epley"), and William Wilson, Jr. in his official capacity as Chief of Police of the Southampton Village Police Department ("Wilson") (collectively "defendants") seeking to declare Article I, Chapter §428 of the Suffolk County Local Law ("County Law" or "County Law §428" or "§428") and Article 1, §§215-1 through 215-5 of the Code of the Town of Southampton ("Town Law" or "Town Law §215" or "§215") unconstitutional and to enjoin defendants from enforcing them. County Law §428 and Town Law §215 prohibit sex offenders from living within certain distances of places such as schools, playgrounds, or day-care centers. Specifically, plaintiff alleges that the County and Town Laws violate the Ex Post Facto Clause and the Due Process and Equal Protection Clauses of the 14th Amendment. Plaintiff further argues that New York State law preempts these local laws. Plaintiff seeks compensatory, declaratory, and injunctive relief against defendants.