ATLANTA , GEORGIA, July 26, 2006 – Today, attorneys from the Southern Center for Human Rights and the American Civil Liberties Union of Georgia have asked the Court for a Temporary Restraining Order to stop Sheriffs in Columbia, Richmond, and Burke Counties from illegally evicting people from their homes for living within 1000 feet of a school bus stop.

Yesterday at 2:30 p.m., U.S. District Judge Clarence Cooper denied a Motion for a Preliminary Injunction because “Plaintiffs have no risk of irreparable injury at this time…”   Within hours of the Court’s ruling, however, deputies from the Sheriff’s Office of Columbia County arrived at the homes of people on the registry and notified them that, due to the Court’s ruling, they have 72 hours to leave their homes.  District Attorney Craig has also advised Richmond County Sheriff’s Office to begin evicting people from their homes. At least 203 people on the registry in that county will have to move if the Sheriff decides to follow his (erroneous) legal advice.

The Court ordered local law enforcement to take the time to assess whether local school boards of education have officially designated school bus stops in their communities. Law enforcement officials were instructed by the Court's July 25 Order to stop relying on the lists of school bus stops they had previously been working from.

In making his ruling, the Judge also specifically noted that local school boards could, but do not have to, take official action to designate school bus stops.

“The spokesperson for the Georgia School Boards Association said local school boards should reflect and be rational. We agree,” said Lisa Kung, Director of SCHR.  "We’ve already been down the road of 159 Sheriffs trying to enforce an counterproductive, unenforceable law.  We don’t need school boards now rushing in to passing resolutions that will put children in greater danger.”

Testimony from law enforcement, treatment providers, and the state's own expert at a July 11 hearing established that residency restrictions such as the 1000 foot bus stop restriction makes the public less safe by destabilizing people on the registry and forcing them underground.   

Click here for the brief.
The original complaint can be viewed here.