P.O. Box 2248 Albuquerque, NM 87103
Fax (505) 768-2525
Richard J. Berry, Mayor David Tourek, City Attorney
August 31, 2012Scott PawganHabern, O’Neil & Pawgan L.L.P.P.O. Box 8930Huntsville, Texas 77340Re:RSOL ConferenceDear Mr. Pawgan:This letter is written in response to your letters dated August 24 and 26, 2012 and a letter to Mayor Berry from Brenda Jones, Executive Director of RSOL, dated August 20, 2012.We believe the referenced correspondence corroborates our concerns about theconference and confirms the fact that the City is striking the proper balance between public safety and RSOL’s rights under the United States Constitution.Regarding corroboration, the City initially became concerned about the convention whenMayor Berry received an e-mail stating that RSOL was founded by members of the NorthAmerican Man/Boy Love Association. Your August 26 letter states that a person “withties” to NAMBLA was once “a member of RSOL’s administrative team” and was askedto resign due to that fact. You do not say whether this person resigned. In any event, thisconfirms the connection, no matter how tenuous, between the two entities.However, the connection is, at this point, irrelevant. The City would reinforce publicsafety in the area without regard to whether, and to what extent, there is any overlap inthe memberships of RSOL and NAMBLA. Ms. Jones states that “very few RSOLmembers are registered sex offenders.” This means there will be registered sex offendersat the conference. Sex offenders are more likely to recidivate than any other type of felon, known treatment methodologies are ineffective and the victims are usuallychildren.
Smith v. Doe
, 538 U.S. 84, 104 (2003);
State v. Druktenis
, 2004-NMCA-032, ¶54, 135 N.M. 223, 240, 86 P.3d 1050, 1067. The convention poses a risk without regardto the NAMBLA connection.There is no basis for your allegation that the City is trying to suppress attendance at theconference by generating adverse publicity. Ms. Jones writes that “this is the firstconference that RSOL has announced to the press along with our program and schedule.”