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Hamptons.com
March 27, 2013

Hamptons Real Estate: Where Can a Sex Offender Reside?

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

In 2007, the Town of Southampton enacted Town Law S:215 which prohibits sex offenders from residing within one mile of any school located in any school district that does not offer and fund transportation services to school for all students living within one mile of their respective school. The law also prohibits sex offenders from residing within two thousand feet of any school located in any school district that offers and funds transportation services to school for all students living within one mile of their respective school. Additionally, sex offenders may not reside within two thousand feet of any child-care facility or municipal recreational facility.

Suffolk County Local Law S:428, passed in 2006, prohibits sex offenders from residing within ¼ mile of the property line of any school, including, but not limited to any public or private nursery, elementary, middle or high school, or any licensed day-care center, or playground.

According to a March 30, 2012, Eastern District Court Decision, Moore v. County of Suffolk, the residency laws in Suffolk County and the Town of Southampton may violate law.

The plaintiff claimed, in a civil rights action, that the local residency laws effectively made the entire county off limits to registered sex offenders. According to an article that appeared in the New York Law Journal, the attorney for the plaintiff said he expects that the court’s decision “will lead to the elimination of residency restrictions in Suffolk County and in the Town of Southampton.” He further claimed that the residency restrictions are “probably unconstitutional.” The issue has not been finally resolved although the judge in the case did signal that he will rule for the plaintiff, Duane Moore, should he ask the court for a ruling on the facts.

The NYLJ article also states that critics of residency restrictions like those in this case take the position that “sex offenders who are unable to find an affordable place to live often become transient or homeless, making it difficult to monitor and undermine the aim of the Sex Offender Registration Act which was enacted in 1996 so police and citizens would know the whereabouts of convicted offenders.”

Dr. Edelgard, a professor of psychology at the University of Albany says, “If you restrict the possibilities of where these people can live…you create an accumulation of sex offenders in a particular area. That is not desirable.”

The judicial system has always been sensitive to creating circumstances or permitting things to happen that may seem perfectly reasonable when looked at from one perspective but may have unintended consequences which may adversely affect the community. The common law right to acquire ownership of land through adverse possession is a case in point. Fallow land deprives society of the benefits provided by developed land. Courts give tenants subject to eviction for non-payment of rent every opportunity to remain in occupancy until they find alternate housing. We also are seeing this with respect to mortgage foreclosures. To do otherwise could create a homeless problem imposing a burden on society. In loft buildings in New York City, residents were allowed to occupy as “squatters” for pretty much the same reason. Bankruptcy laws are founded on the same principle. If you do not allow people to discharge debt they could become burdens to society. How many debtors’ prisons would we have to build? This is also an inference in Moore v. County of Suffolk.

Balanced against this is society’s right to pass laws to protect itself. According to the Division of Criminal Justice Services, there are approximately 1,000 sex offenders living in Suffolk County, more than twice as many as living in Nassau County. It is more than a philosophical and a legal question. It is also a practical one which does not appear to have an easy solution.

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LOCAL EVENTS

Events

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Aperitivo (Sunset Cocktails)

October 9 @ 05:00 PM - October 9 @ 08:00 PM
The Baker House 1650
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Emilio Moro Wine Dinner at R.AIRE

October 9 @ 06:30 PM - October 9 @ 08:30 PM
259 East Montauk Hwy, Hampton Bays, NY, 11946
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R.AIRE Wine Dinner with Emilio Moro

October 9 @ 06:30 PM - October 9 @ 09:30 PM
259 E Montauk Hwy, Hampton Bays, NY 11946
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“The First Science from the Vera Rubin Observatory” (A Free, Virtual Lecture)

October 9 @ 07:00 PM - October 9 @ 08:00 PM
Hamptons Observatory with Suffolk County Community College (online)
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KT Tunstall

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Romany Kramoris Gallery Exhibiting Four Prominent Painters Of The “Academy”

Romany Kramoris Gallery Exhibiting Four Prominent Painters Of The “Academy"

  • The 33rd Hamptons International Film Festival kicked off last Friday with the U.S. premiere of A24’s Eternity starring Elizabeth Olsen, Miles Teller, and Callum Turner.⁠
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Elizabeth Olsen attended the premiere on Friday, and on Saturday sat down with IndieWire’s Editorial Director Kate Erbland at the Sag Harbor Cinema as a part of the festival’s “A Conversation With” series. Later that day, the second “A Conversation With” took place as Ethan Hawke and moderator Alison Stewart talked about Blue Moon, as well as Hawke’s filmography. ⁠
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Sydney Sweeney received the festival’s Achievement in Acting Award following the U.S. premiere of her film Christy in East Hampton. ⁠
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Notable Guests included: Alessandro Nivola, Alec Baldwin, Amanda Peet, Tonatiuh, Miriam Shor, Lois Smith, Tim Blake Nelson, Mareille Enos, Bob Balaban, E. Jean Carroll, Roberta Kaplan, Ellen Barkin, Bernie Telsie, Bill Condon.⁠
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📸: Jess Dalene⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#hiff #hamptonsinternationalfilmfestival #film #elizabetholsen #sydneysweeney #hamptons #hamptonsfilm⁠
  • When: Fri, Oct 3rd – Sun, Oct 5th, 2025
8am – 5pm

Where: Levain Bakery, 354 Montauk Hwy, Wainscott, NY

Levain Bakery is introducing a new cookie for a limited time: Peanut Butter Dark Chocolate Chip – a decadent mix of creamy and chunky peanut butter with rich dark chocolate chunks. Originally created to celebrate the opening of Levain’s Beverly Hills Bakery, this indulgent new flavor will now be available for just three days only, October 3–5, at all retail bakery locations.

To make the weekend even sweeter, guests who purchase a cookie will receive a Levain Bakery mini tote (while supplies last), a fan-favorite collectible sure to go quickly.

#levain #levainbakery #cookie #minitote #tote #hamptons
  • From world premieres at the Hamptons International Film Festival to SouthamptonFest! ⁠
⁠
Check out the Top Hamptons Events This Weekend!⁠
⁠
🎬 33rd Hamptons International Film Festival⁠
📅 Oct 3 – 13, 2025 | 9AM – 10PM⁠
📍 Various Locations⁠
A global lineup of films, shorts & documentaries.⁠
⁠
🍪 Levain Bakery⁠
📅 Oct 3 – 5, 2025 | 8AM – 5PM⁠
📍 354 Montauk Hwy, Wainscott⁠
Try the Peanut Butter Dark Chocolate Chip cookie + snag a mini tote (while supplies last).⁠
⁠
🎉 13th Annual SouthamptonFest⁠
📅 Oct 3 – 5, 2025 | 10AM – 7PM⁠
📍 Southampton Village⁠
Arts, culture, food & family fun all weekend long!⁠
⁠
🎶 SpringsFest⁠
📅 Oct 4, 2025⁠
📍 1 Parsons Pl, East Hampton⁠
Live music, raffles, crafts, blacksmith demos & more.⁠
⁠
💃 Salsa Social @ The Clubhouse Hamptons⁠
📅 Oct 4, 2025 | 9PM – 11:30PM⁠
📍 East Hampton⁠
Dance the night away w/ DJ Chile & more!⁠
⁠
🐚 34th Annual Largest Clam Contest⁠
📅 Oct 5, 2025 | 12PM – 3PM⁠
📍 Amagansett Life Saving Station⁠
Taste clam chowder, clam pies & cheer on the winners!⁠
⁠
🎷 East Meets West Jazz Jam Session⁠
📅 Oct 5, 2025 | 2PM – 5PM⁠
📍 Southampton Cultural Center⁠
Free community jazz jam – all are welcome.⁠
⁠
🌕 Full Hunter’s Super Moon Hike⁠
📅 Oct 6, 2025 | 6:30PM – 7:30PM⁠
📍 SOFO Museum Parking Lot⁠
Guided evening hike under the moonlight.⁠
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✨ Which event are you most excited for?⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#hamptons #hamptonsinternationalfilfestival #hiff #jazz #fullmoon #hike #film #levainbakery #community
  • So many fun fall activities in the Hamptons 🎃

@fairviewfarmatmecox 
@corwithsfarmstand 
@milkpailfarmorchard 

Check out our fall guide at Hamptons.com (Link in Bio)

#hamptons #fall #applepicking🍎 #pumpkin #maze #pettingfarm
  • As summer winds down and the cool breezes of fall approach, jewelry enthusiasts and fashion lovers alike are looking for the latest seasonal trends. Yael Fraynd, founder and president of Yaya Publicity, offers an insider’s perspective on what to expect this fall — especially for those embracing the chic lifestyle of the Hamptons.⁠
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Looking ahead to fall, Fraynd described the evolving styles with enthusiasm. For fall, expect to see bold statement pieces, rich gemstone colors like orange and a playful mix of metals. ⁠
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She also noted the influence of pop culture on jewelry trends, including celebrities like Taylor Swift, who is recently engaged, saying, “It could also be just, you know, with Taylor Swift, who has such a big effect on what people like.”⁠
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On the seamless transition from summer to fall styles, she observed, “In the summer, you see a bit of Western-inspired pieces, and I think that they really do kind of transition into fall really nicely. ⁠
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@yayapublicity⁠
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Read the full article at Hamptons.com (Link in Bio) ⁠
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#fall #falltrend #falljewelry #hamptons⁠
  • Apollo in the Hamptons returned with a celebratory evening at the EHP Resort & Marina (Si Si Restaurant) in East Hampton. The annual fundraiser supported Apollo’s year-round artistic and educational programs and its first full-scale renovation and restoration. ⁠
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📸: Danté Crichlow for The Apollo⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#apollo #apollotheater #hamptons #easthampton #benefit #fundraiser
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