Columbia County Sex Offender Challenges Law

Harlem, GA—-Michael Whitaker, Harlem, GA:“We are just ready to get on with our lives and hopefully we can put this behind us. That’s all we ask…to put this behind us.“

Michael Whitaker speaks out after his wife Wendy Whitaker- a sex offender- had to file a court motion to remain at their home for Thanksgiving. The Whitakers have been in and out of court for about three years because of a sex offense.

Michael Whitaker: “I’ve had to resign two good jobs..my livelihood because of this mess. And it’s a test to any marriage…anybody that’s married or wants to be together…“

Whitaker engaged in a consensual sex act with a 15-year-old boy, when she was 17. Because of this she had to register as a sex offender. She lives within 1,000 feet of a church and under a 2006 Georgia ordinance, she can’t live there, or near a school, park, or school bus stop.

David Hudson, Attorney for Columbia County Sheriff’s Office: “My client, the Sheriff, he simply wants to enforce he laws…if the courts tell him it’s constitutional.” 

Hudson says because Whitaker’s offense took place before the 2006 ordinance, she could be ok, but there’s just one problem.

David Hudson: “If you owned your home prior to the legislative act of 2006, you can stay there. Because if you were a sex offender it would amount to taking of your property without just compensation.”

According to court documents the house is registered under Mr. Whitakers name and that means Mrs. Whitaker will have to leave the home by Thanksgiving.

Mr. Whitaker says he hopes the motion for his wife to stay will pass.

Michael Whitaker, Harlem, GA: “I just hope they will be passionate with this. I just think what happened just doesn’t fit the situation. She’s no harm to anyone.”

The Sheriff’s Office’s attorney says if the motion is denied, there are only a few places within Columbia County where she could live.