FRANKFORT, Ky. (AP) -- A Kentucky law that bans convicted sex offenders from living near schools and day care centers is unconstitutional.
The Kentucky Supreme Court took that position in a ruling handed down on Thursday.
Kentucky lawmakers passed a law in 2006 that restricted where sex offenders could reside. In particular, neighborhoods around schools and daycare centers were put off limits.
In a 5-2 decision, justices held that lawmakers unconstitutionally applied the law retroactively to sex offenders convicted before the restrictions were imposed.
The ruling means thousands of sex offenders won't have to move.
The case stems from a Northern Kentucky man, Michael Baker.
In 2005, he was a registered sex offender living in Elsmere. That is until 2006 when lawmakers passed a law banning sex offenders from living near a school, day care or park.
"When the 2006 version of the law was passed and came out and became effective, at that point he was 850 feet away from a park he and his family didn't know even existed," said Brad Fox, Michael Baker's Attorney.
Fox says Baker was forced to move. For the last 10 months the case has been under appeal until Thursday.
Commonwealth Attorney Rob Sanders feels it overrides Kentucky lawmakers.
"What it means is that a registered sex offender, you can still find out who they are and where they are but if they were convicted before 2006, they can be living right across the street from an elementary school or daycare and there's nothing we can do about it," said Rob Sanders, Kenton County Commonwealth Attorney.
Parent Mike Aker of Covington also disagree with the court's ruling.
"It seems like criminals have more rights than people out here who try to make it and not break the law," said Mike Aker of Covington.
Baker's attorney says the ruling is about protecting everyone's rights.
"The law prohibits ex post facto or the law applied retroactively to people. Anybody who does anything even not a sex crime could be held accountable in the future if we allow laws to be applied backwards," said Fox.
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The Associated Press contributed to this story.
