Wallace v. State (40 F. Supp. 3d 278, 2014)

MEMORANDUM & ORDER

PAMELA K. CHEN, District Judge:

Table of Contents

I.Background.............................................................285

A. Plaintiffs...........................................................286

1. Troy Wallace ....................................................286

2. Marcello Aiello, Jr................................................287

3. Robert Blunt ....................................................287

4. Earl Calloway....................................................287

5. Jehovah Colon...................................................287

6. Joshua Factor ...................................................288

7. Richard Geoffrion...................‘.............................288

8. Charles McLaurin................................................288

9. Angel Tirado.....................................................288

B. The Laws...........................................................288

1. State Registration Requirements...................................288

2. The State, County, and Town Residency Restrictions..................291

i. State.....................................................291

ii. County ...................................................291

iii. Town....................................:................292

C. Procedural History and Claims .......................................293

II. Discussion...............................................................294

A. Standard of Review..................................................294

B. Article III Standing..................................................295

1. Standing to Challenge the State Registration Requirements............296

2. Standing to Challenge the State Residency Restrictions...............297

3. Standing to Challenge the County and Town Residency Restrictions....................................................300

4. Standing to Challenge the County’s Trailer Program..................301

C. The State’s Motion to Dismiss.........................................302

1. Statute of Limitations.............................................302

2. Eleventh Amendment Immunity....................................303

3. Failure to State a Claim...........................................305

i. Ex Post Facto Claim Relating to the Current State Registration Requirements................................306

ii. Ex Post Facto Claim Relating to the State Residency Restrictions.............................................311

D. The Other Parties’ Motions to Dismiss .................................321

1. Preemption Claims Regarding the County and Town Residency Restrictions....................................................321

2. Failure to State a Claim...........................................322

i. Ex Post Facto Claims Relating to the County and Town Residency Restrictions....................................322

ii. Equal Protection Claim Relating to the County’s Trailer Program................................................329

3. Pendent Jurisdiction....... ......................................331

III. Conclusion....................... ......................................332

In this case (“Wallace ”), nine individuals (“Plaintiffs”) claim that New York State sex offender registration requirements and residency restrictions punish them retroactively for offenses they already committed and, thus, violate the Ex Post Facto Clause of the Constitution (Article I, Section 9, Clause 3); and that similar residency restrictions under County and Town laws are not only unconstitutional, but preempted by state law. (Dkt. No. 5 (“Am. Compl.”) ¶¶ 1-3.) Plaintiffs also claim that, as a result of the County residency restrictions, they are, or have been, homeless and relegated to County-run trailers, subject to living conditions that infringe upon their Fourteenth Amendment right to equal protection under the law. (Id. ¶¶ 45-46.)

Defendants—the State of New York (the “State”); the County of Suffolk (the “County”) and Susan Westergaard, in her official capacity on behalf of the Suffolk County Department of Social Services (the “County DSS”) (collectively, the “County Defendants”); Mark Epley, in his official capacity as Mayor on behalf of the Town of Southampton (the “Town”) ; and Alexander Roberts, in his official capacity as Executive Director of Community Housing Innovations, Inc. (“CHI”)—move the Court to dismiss the claims against them in the Wallace Complaint. (Dkt. Nos. 68-70; 79.) For the reasons set forth below, the Court grants Defendants’ motions in their entirety and dismisses the Wallace Complaint with prejudice, except Plaintiffs’ state law preemption claims as to which the Court declines to exercise supplemental jurisdiction and dismisses without prejudice.

I. Background

The Court takes the following facts from the allegations in the Wallace Complaint, which are assumed to be true for purposes of Defendants’ motions, and otherwise judicially-noticeable information. See Brass v. Am. Film Techs., Inc., 987 F.2d 142, 150 (2d Cir.1993) (“When determining the sufficiency of plaintiffs’ claim for Rule 12(b)(6) purposes, consideration is limited to the factual allegations in plaintiffs’ amended complaint, which are accepted as true, to documents attached to the complaint as an exhibit or incorporated in it by reference, to matters of which judicial notice may be taken, or to documents either in plaintiffs’ possession or of which plaintiffs had knowledge and relied on in bringing suit.”); see also Chambers v. Time Warner, Inc., 282 F.3d 147, 153 & n. 3 (2d Cir.2002) (citing standard in Brass with approval as “congruent with that of our sister Circuits”).

In construing the claims in this case, the Court recognizes that, because Plaintiffs, as pro se litigants, are to be afforded “special solicitude,” the Wallace Complaint “must be construed liberally and interpreted to raise the strongest [claims] that they suggest.” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474-75 (2d Cir.2006) (per curiam) (quotations omitted).

A. Plaintiffs

As an initial matter, the Wallace Complaint is incomplete, in terms of its allegations as to (i) when, or if, Plaintiffs were convicted of a sex offense, released from prison, placed on probation or parole, and/or classified as a specific risk-level of sex offender; and (ii) where they live. (See State Br., at 2 n. 3, 3, 14; Epley Br., at 2.) Such information, however, is available on the State’s sex offender registry website (http://www.criminaljustiee.ny.gov/ nsor) and, thus, is judicially-noticeable. See Zielinski v. DeFreest, No. 12-CV-1160, 2013 WL 4838833, at *1 n. 2 (S.D.N.Y. Sept. 10, 2013) (‘While [a plaintiff in a Bivens action] does not allege his status [as a Level 2 sex offender], it is evident from the publicly available New York Sex Offender Registry, and accordingly, is a fact of which the Court may take judicial notice.”); see also U.S. v. Akinro-sotu, 637 F.3d 165, 168 (2d Cir.2011) (per curiam) (taking judicial notice of the “[Bureau of Prisons’s] projected date for the defendant’s release from prison” on its “official website”); Williams v. City of N.Y., No. 07-CY-3764, 2008 WL 3247813, at *2 & n. 3 (S.D.N.Y. Aug. 7, 2008) (considering, on a motion to dismiss, the terms of the Section 1983 plaintiffs conviction and sentence, based on judicially-noticeable information “obtained on ... the New York Department of Correction Services Inmate Population Information Search webpage”).

1. Troy Wallace

Plaintiff Troy Wallace committed first-degree sexual abuse (N.Y. Penal Law § 130.65) of a 15-year old female in October 1991. (Ex. A.) Wallace was convicted in April 1992, and is classified as a risk-level two sex offender. (Id.) Although Wallace was originally sentenced to six months in prison and five years of probation, his probation was revoked in August 1992, and he was resentenced to 18-54 months in prison. (Am. Compl. ¶¶4-6.) In November 1995, Wallace was released on parole; his maximum expiration date for parole was May 1997. (Id. ¶ 7.) Wallace is now on parole for a “non-sex related subsequent conviction.” (Id.) Wallace has (i) listed a P.O. Box in Ronkonkoma in the Town of Islip, Suffolk County (id. at 20), and (ii) registered a primary residence at a correctional facility in the Town of River-head, Suffolk County (Ex. A).

2.Marcello Aiello, Jr.

Plaintiff Marcello Aiello, Jr. committed third-degree rape (N.Y. Penal Law § 130.25) of a 16-year old female in February 2007. (Ex. B.) Aiello was convicted in December 2009, and is classified as a risk-level two sex offender. (Id.) Aiello was sentenced to three years in prison, and has been released on parole with a maximum expiration date of January 13, 2027. (Id.) Aiello has (i) listed an address in Yaphank in the Town of Brookhaven, Suffolk County (Dkt. No. 5-1), and (ii) registered a primary residence at a correctional facility in the Town of Collins, Erie County (Ex. B).

3.Robert Blunt

Plaintiff Robert Blunt committed first-degree sexual abuse (N.Y. Penal Law § 130.65) of a 64-year old female in November 1999. (Ex. C.) Blunt was convicted in February 2000, and is classified as a risk-level three sex offender and a “[s]exually [v]iolent [offender.” (Id.) Blunt was sentenced to seven years in prison, and has been released on parole with a maximum expiration date of September 25, 2017. (Id.) Blunt has (i) listed an address in West Babylon in the Town of Babylon, Suffolk County (Dkt. No. 5-2), and (ii) registered a primary residence at a correctional facility in the Town of Malone, Franklin County (Ex. C).

4. Earl Calloway

Plaintiff Earl Calloway committed first-degree rape and first-degree sexual conduct against a child (N.Y. Penal Law §§ 130.35, 130.75) in March 1999; the victim was a 10-year old female. (Ex. D.) Calloway was convicted in August 2000, and is classified as a risk-level three sex offender and a “[sjexually [v]iolent [offender.” (Id.) Calloway’s sentence was eight years in prison; he has been released, but is not on parole. (Id.) Callo-way has (i) listed a P.O. Box in Holbrook in the Towns of Islip and Brookhaven, Suffolk County (Dkt. No. 5-3), and (ii) registered a primary residence in Freeport in the Town of Hempstead, Nassau County (Ex. D).

5. Jehovah Colon

Plaintiff Jehovah Colon (incorrectly appearing as “Cobin” on the docket) committed first-degree attempted rape (N.Y. Penal Law § 130.35) of two females, an 8-year old and an 11-year old, in April 2001. (Ex. E.) Colon was convicted in July 2001, and is classified as a risk-level three sex offender and a “[s]exually [violent [offender.” (Id.) Colon’s sentence was 150 months (12 years and 6 months); he has been released, but is not on parole. (Id.) Colon has (i) listed an address in Pat-chogue (Dkt. No. 5-4), and (ii) registered a primary residence in Coram (Ex. E.). Both Patchogue and Coram are in the Town of Brookhaven, Suffolk County.

6.Joshua Factor

Plaintiff Joshua Factor committed a second-degree criminal sex act (N.Y. Penal Law § 130.45) against a 14-year old male in August 2007. (Ex. F.) Factor was convicted in March 2008, and is classified as a risk-level two sex offender. (Id.) Factor was sentenced to three years in prison, and has been released on parole with a maximum expiration date of December 3, 2015. (Id.) Factor has (i) listed an address in Farmingville in the Town of Brookha-ven, Suffolk County (Dkt. No. 5-5), and (ii) registered a primary residence at a correctional facility in the Town of Marcy, Oneida County (Ex. F).

7. Richard Geoffiion

Plaintiff Richard Geoffiion committed a felony sex offense, outside of New York State, against a 15-year old female in September 2000. (Ex. G.) Geoffiion was convicted out-of-state in June 2001, and sentenced to one year of probation. (Id.) Geoffiion is classified as a risk-level three sex offender. (Id.) Geoffrion has (i) listed an address in Holbrook in the Towns of Brookhaven and Islip, County of Suffolk (Dkt. No. 5-6), and (ii) registered a primary residence in Coram in the Town of Brookhaven, Suffolk County (Ex. G).

8. Charles McLaurin

Plaintiff Charles McLaurin (incorrectly appearing as “McLauren” on the docket) committed and was subsequently convicted in February 1995 of first-degree sexual abuse (N.Y. Penal Law § 130.65) of two females, a 9-year old and an 11-year old. (Ex. H.) McLaurin is classified as a risk-level three sex offender. (Id.) McLaurin’s sentence was two to four years in prison; he has been released, but is not on parole. (Id.) McLaurin has (i) listed an address in Bay Shore in the Town of Islip, Suffolk County (Dkt. No. 5-7), and (ii) registered a primary residence in Bellport in the Town of Brookhaven, Suffolk County (Ex. H).

9.Angel Tirado

Plaintiff Angel Tirado committed forcible touching (N.Y. Penal Law § 130.52) of a 14-year old female in September 2003. (Ex. I.) Tirado was convicted in January 2005, and is classified as a risk-level two sex offender. (Id.) Tirado’s sentence was six months in prison; he has been released, but is not on parole. (Id.) Tirado has (i) listed an address in the Bronx (Dkt. No. 5-8), and (ii) registered a primary residence at a correctional facility in the State of Pennsylvania (Ex. I).

None of the above information suggests that Plaintiffs reside, or have ever resided, in trailers for homeless sex offenders, operated by the County DSS pursuant to a program known as “the County DSS’s overnight placement facility.” (Am. Compl. ¶¶ 45-46; County Defs. Br., at 1.) The Wallace Complaint, however, does allege that Plaintiffs were transported to the “secured premises of the property of Suffolk County jail in Riverhead where such trailer program is located,” whereupon, like “prisoners,” they did not enjoy the same rights as “other free men.” (Am. Compl. ¶¶ 45-46 (emphasis added).)

B. The Laws

1. State Registration Requirements

On January 21, 1996, the State’s Sex Offender Registration Act (“SORA”), codified as N.Y. Correct. Law § 168 et seq., took effect. SORA, 1995 NY. Sess. Laws Ch. 192 (S.ll-B) (1995) (McKinney). SORA “requires sex offenders, after serv-. ing their sentences, to register with law enforcement officials, and provides for various degrees of public notification of the identity and address of these offenders.” Doe v. Pataki (“Pataki”), 120 F.3d 1263, 1265 (2d Cir.1997). To support its registration requirements and notification provisions, SORA also sets up a system for classifying sex offenders as risk-level one, two, or three, based on a set of “factors.” Id. at 1267-68 & n. 5; see also supra note 7.

The preamble to SORA states:

. The legislature finds that the danger of recidivism posed by sex offenders, especially those sexually violent offenders who commit predatory acts characterized by repetitive and compulsive behavior, and that the protection of the public from these offenders is of paramount concern or interest to government. The legislature further finds that law enforcement agencies’ efforts to protect their communities, conduct investigations and quickly apprehend sex offenders are impaired by the lack of information about sex offenders who live within their jurisdiction and that the lack of information shared with the public may result in the failure of the criminal justice system to identify, investigate, apprehend and prosecute sex offenders. The system of registering sex offenders is a proper exercise of the state’s police power regulating present and ongoing conduct. Registration will provide law enforcement with additional information critical to preventing sexual victimization and to resolving incidents involving sexual abuse and exploitation promptly. It will allow them to alert the public when necessary for the continued protection of the community. 1995 N.Y. Sess. Laws Ch. 192 (S.ll-B), § 1.

SORA’s registration requirements (the “State registration requirements”) apply to any “sex offender” convicted, in prison, or on probation or parole, as of January 21, 1996. Id. § 2 (adopting N.Y. Correct. Law §§ 168—f, 168—g). As originally adopted, the requirements provided, among other things, that the period of annual registration would be:

• 10 years for a “sex offender”; and

• at least 10 years, with mandatory verifications every 90 days, for a “sex offender” who is designated a “sexually violent predator,” then-defined as a sex offender (i) convicted of a “sexually violent offense,” (ii) suffering a “mental abnormality,” or (iii) classified as a risk-level three sex offender.

Id. (adopting N.Y. Correct. Law §§ 168-a, 168-h, 168—Z). The requirements also provided that “[a]ny sex offender required to register pursuant to this article may be relieved of any further duty to register upon the granting of a petition for relief by the sentencing court.” Id. (emphasis added) (adopting N.Y. Correct. Law § 168-o).

On March 11, 2002, the State registration requirements were amended. Act of Mar. 11, 2002, 2002 N.Y. Sess. Laws Ch. 11 (S.6263-A), § 24 (2002) (McKinney). In particular, the period of annual registration was amended to reflect several newly-defined terms:

• 10 years for a “sex offender” (i) who is not designated (a) a “sexually violent offender,” defined as a sex offender convicted of a “sexually violent offense,” (b) a “sexual predator,” defined as a sex offender convicted of a “sexually violent offense” and suffering from a “mental abnormality or personality disorder,” or (c) a “predicate sex offender,” defined as a sex offender previously convicted of another offense, or (ii) who, as of March 11, 2002, is classified as a risk-level one or two sex offender;

• lifetime for a designated “sexually violent offender” or “predicate sex offender”; and

• lifetime, with mandatory verifications every 90 days, for a designated “sexual predator” or a sex offender who, as of March 11, 2002, is classified as a risk-level three sex offender.

Id. §§ 1-2, 4, 13 (amending N.Y. Correct. Law §§ 168-a, 168—h). The right to petition for relief from “any further duty to register” was also amended to apply only to a sex offender who, as of March 11, 2002, is classified as a risk-level three offender and has been registered for at least 13 years. Id. § 22 (amending N.Y. Correct. Law § 168-0).

Finally, on January 18, 2006, the State registration requirements were amended again. Act of Jan. 18, 2006, 2006 N.Y. Sess. Laws Ch. 1 (S.6409, A.9472), § 6 (2006) (McKinney). The amendments, which remain in place today, apply to any sex offender (i) “registered or required to register immediately prior to” January 18, 2006, i.e., individuals still subject to the requirements as amended in March 2002; or (ii) “required to register on or after” January 18, 2006. Id. As amended, the period for annual registration is:

• 20 years for a “sex offender” who is not designated a “sexually violent offender,” “sexual predator,” or “predicate sex offender,” and is classified as a risk-level one sex offender; and

• lifetime for a sex offender (i) who is designated a “sexually violent offender,” “sexual predator,” or “predicate sex offender,” or (ii) who is classified as a risk-level two or three sex offender.

N.Y. Correct. Law § 168-h. The right to petition for relief from “any further duty to register,” as amended, applies only to a risk-level two sex offender who is not designated a “sexually violent offender,” “sexual predator,” or “predicate sex offender,” and has been registered for at least 30 years. N.Y. Correct. Law § 168-o.

To summarize, the State registration requirements changed after SORA was adopted. Starting in January 1996, the State required that convicted sex offenders register for 10 years, or—if designated a “sexually violent predator,” for instance, due to a risk-level three classification— more than 10 years. All sex offenders could petition for relief.

As of March 2002, sex offenders classified as a risk-level one or two offender, who were not designated a “sexually violent offender,” “sexual predator,” or “predicate sex offender,” were still required to register for 10 years; only sex offenders classified as a risk-level three offender, or those falling within one of the aforementioned designations, were required to register for life. The right to petition for relief was limited to a subset of risk-level three sex offenders.

Since January 2006, sex offenders still subject to the requirements as amended in March 2002, or subsequently required to register, havé an extended 20-year duty to register, if they are classified as a risk-level one offender; or a lifetime duty, if they are either classified as a risk-level two or three offender or designated a “sexually violent offender,” “sexual predator,” or “predicate sex offender.” Only specific risk-level two sex offenders retain the right to petition for relief.

2. The State, County, and Town Residency Restrictions

i. State

The State’s Sexual Assault Reform Act, which went into effect off February 1, 2001, enacted new provisions, codified as N.Y. Exec. Law § 259—c(14) and N.Y. Penal Law § 65.10(4—a). Sexual Assault Reform Act, 2000 N.Y. Sess. Laws Ch. 1 (S. 8238, A. 11538), §§ 7-8, 57 (2000) (McKinney). These provisions, when originally adopted, only prohibited the presence of certain sex offenders “within the real property boundary line” of schools. Id. §§ 7-8 (adopting N.Y. Exec. Law § 259-c(14) and N.Y. Penal Law § 65.10(4-a), both of which only incorporated “paragraph (a)” of the definition for “school grounds” in N.Y. Penal Law § 220.00(14)); N.Y. Penal Law § 220.00(14)(a). The original provisions, in short, did not operate to preclude, such individuals from residing near schools. Additionally, these provisions only applied to sex offenders sentenced to probation or released on parole for an offense defined in Articles 130 (“Sex Offenses”), 135 (“Kidnapping, Coercion and Related Offenses”), 235 (“Obscenity and Related Offenses”), or 263 (“Sexual Performance by a Child”), or Section 255.25 (“Incest in the third degree”), of the New York Penal Law, where the victim of the offense was “under the age of eighteen at the time.” 2000 N.Y. Sess. Laws Ch. 1 (S. 8238, A. 11538), §§ 7-8.

Eventually, as of September 1, 2005, the above provisions were amended to also prohibit the presence of certain sex offenders—and, in effect, to preclude their residence—within 1,000 feet beyond the “real property boundary line” of schools during sehool hours. Act of Aug. 19, 2005, 2005 N.Y. Sess. Laws Ch. 544 (A.8894), §§ 1-2, 4 (2005) (McKinney) (amending N.Y. Exec. Law § 259-c(14) and N.Y. Penal Law § 65.10(4-a) to incorporate the whole definition for “school grounds” in N.Y. Penal Law § 220.00(14)); see N.Y. Penal Law § 220.00(14) (defining “school grounds” to include “any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school”). In other words, by their operation, these provisions, as amended, have become statewide sex offender residency restrictions (the “State residency restrictions”).

The September 2005 amendments also extended the State residency restrictions to cover any sex offender probationer or parolee who:

• is convicted of an offense identified in the original provisions; and

• either (i) commits the offense against a victim “under the age of eighteen at the time” or (ii) is classified as a risk-level three sex offender.

2005 N.Y. Sess. Laws Ch. 544 (A.8894), §§ 1-2. In other words, after September 2005, a sex offender probationer or parolee is subject to these restrictions not only if he is convicted of a specific offense against a child, but also if he is convicted of a specific offense and classified as a risk-level three offender. These restrictions remain in effect today.

ii. County

The residency restrictions in the County Code Ch. 745, Art. 1 (originally Ch. 428, Art. 1) (the “County residency restrictions”), were adopted on February 7, 2006 (Loc.L. No. 12-2006); and subsequently amended on December 5, 2006 (Loc.L. No. 64-2006), December 1, 2009 (Loc.L. No. 42-2009), and February 1, 2011 (Loc.L. No. 14-2011). Suffolk Cnty., N.Y., Code (“Cnty.Code”) ch. 745, art. 1, available at http://www.ecode360.com/14954996. The stated reasons for these restrictions are the following:

... This Legislature hereby finds and determines that sex offenders pose an unreasonable threat to the safety and well-being of children.

... This Legislature also- finds and determines that the County of Suffolk has gone to great lengths to protect the children of this County from sex offenders, such as requiring certain sex offenders to wear ankle bracelets so that law enforcement can determine their whereabouts.

... This Legislature further finds and determines that information is currently available to the public regarding these high-risk offenders, which information is available through the Internet and other sources.

... This Legislature finds that it is imperative that the County of Suffolk takes all steps necessary to protect the most vulnerable residents of the County.

Id. § 745-1.

Specifically, the County residency restrictions prohibit any convicted sex offender, as long as they are subject to the State registration requirements, from residing “within 1/4 mile of the property line of [ (i) ] any school, including, but not limited to, any public or private nursery, elementary, middle or high school; or [ (ii) ] a licensed day-care center; or [ (iii) ] a playground; or [ (iv) ] an amusement park; or [ (v) ] the residence or principal place of employment of the victim(s) of their crime(s).” Id. §§ 745-2, 745-3. These restrictions, however, exempt the residences of sex offenders established pri- or to February 7, 2006; or prior to the erection of new schools, daycare centers, or playgrounds within 1/4 mile. Id. § 745-4.

iii. Town

The residency restrictions in the Town Code Ch. 215, Art. 1 (the “Town residency restrictions”), were adopted on October 23, 2007 (Loe.L. No. 51-2007), and subsequently amended on December 11, 2007 (Loc.L. No. 60-2007). Town of Southampton, N.Y., Code (“Town Code”) ch. 215, art. 1, available at http://ecode360.com/ 8696165. The enacting legislation cites the County residency restrictions, and suggests that the Town’s reasons for implementing its own restrictions are similar and that the Town’s restrictions make up for perceived deficiencies in the County’s restrictions:

... The Town Board hereby finds and determines that sex offenders, as defined in this chapter, pose an unreasonable threat to the safety and well-being of children within the Town of Southampton because their risk of repeat offense has been determined to be either high or moderate.

... The Town Board hereby finds and determines that there are certain areas of the town where large numbers of children learn, play, congregate and travel and these areas are particularly in need of protection from the unreasonable threat of sex offenders.

... The Town Board further finds and determines that information is currently available to public safety agencies and the general public regarding the locations of the residences and places of employment of sex offenders, which information is available through the State of New York sex offender registry, the internet and other sources.

... The Town Board further finds and determines that Suffolk County has already enacted restrictions preventing all registered sex offenders from residing within one quarter mile of any public or private nursery, elementary, middle or high school, licensed day-care center, or playground.

... The Town Board further finds and determines that Suffolk County’s law has certain limitations, among them, that the Suffolk County law does not provide the level of protection to the children of the Southampton Town who live in school districts that do not offer and fund transportation services for all students living within one (1) mile of their respective school that the Town Board finds necessary for the protection of those children.

The Town Board finds and determines that the purpose of this Chapter is not to punish sex offenders, but rather to provide a regulated system that prevents sex offenders from residing in areas where large numbers of children learn, play, congregate and travel.

(Dkt. No. 68-2 (Law of Oct. 23, 2007, Loc. L. No. 51-2007, § 1 (2007) (adopting Town Code ch. 215, art. 1)).)

The Town residency restrictions apply to any risk-level two or three sex offenders, as long as they are subject to the State registration requirements. Town Code ch. 215, art. 1, §§ 215-1, 215-2. Under these restrictions, it is unlawful for such sex offenders to take up residence within (i) one mile of a school that does not transport students residing in a one-mile radius thereof; (ii) 2,000 feet of a school that does transport these students; and (iii) 2,000 feet of a “child-care facility or municipal recreational facility.” Id. § 215-2. Like the County, the Town exempts prior-established residences from these restrictions, including residences established before October 23, 2007. Id. § 215-3.

C. Procedural History and Claims

On November 26, 2012, the original complaint was filed in Wallace by Plaintiff Wallace and other unnamed plaintiffs. (See Dkt. No. 1 (listing “Troy C. Wallace, et al.” as the plaintiffs).) Two days later, the same complaint was re-filed, styled as an “amended” complaint. (Am. Compl., at 1.) The amended complaint,, which is the operative Wallace Complaint, was signed by all Plaintiffs (id. at 20), and it attached, and incorporated by reference, form complaints from each of the Plaintiffs except for Wallace, whose individualized allegations were set forth in the body of the amended complaint. (Dkt. Nos. 5-1-5-8).

In the Wallace Complaint, Plaintiffs claim, pursuant to 42 U.S.C. § 1983 (“Section 1983”), that:

• the State registration requirements violate the Ex Post Facto Clause because they impose a duty to register on “those,, convicted of qualifying offenses before the passing of the law” and, as amended in 2006, lengthen the duty from “ten years” to “lifetime duration” after those individuals’ convictions (Am. Compl. ¶¶ 1-2, 15, 37);

• the State, County, and Town residency restrictions also amount to ex post facto violations, in that these restrictions impose a restraint, and sometimes “uproot[] offenders from their communities,” based on a “past • conviction” (id. ¶¶ 3, 27, 29, 37, 41); and

• the County’s trailer program—which Defendant Westergaard operates and for which Defendant Alexander furnishes transportation, in their official capacities—deprives sex offenders, forced into homelessness through the above restrictions, of the same conditions that “other free men” enjoy, e.g., access to “therapeutic programming, schooling, employment and ... regular showering,” in violation of the Fourteenth Amendment’s Equal Protection Clause (id. ¶¶ 45-46).

Plaintiffs also claim that the County and Town residency restrictions are preempted by state law in an area of regulation, ie. “sex offenders,” that the State intended to occupy (id. ¶¶ 3, 39). With respect to their Section 1983 and supplemental state law claims, Plaintiffs are seeking compensatory damages and up to $25 million in punitive damages, as well as declaratory and injunctive relief. (E.g., Dkt. No. 5-1, at 5.)

On March 8, 2013 and April 2, 2013, Judge Joseph F. Bianco, who was previously assigned to this case, ordered that 13 pending cases, see supra note 1, and any future cases relating to the above requirements and restrictions, be consolidated with, and considered related to, Wallace as the lead case. (See Dkt." Nos. 27; 40.) Judge Bianco also directed that any submissions in these consolidated cases should be docketed in Wallace. (Ibid.)

On April 19, 2013, Wallace was reassigned to the Court. Shortly thereafter, the Court consolidated two subsequently-filed cases with Wallace, consistent with Judge Bianco’s orders.

Between September 24, 2013 and October 7, 2013, Defendants filed four fully-briefed motions to dismiss the claims in Wallace. (Dkt. Nos. 68-70; 79.)

On May 13, 2014,. the Court held limited oral argument on the impact of the County and Town residency restrictions on where convicted sex offenders may live, and subsequently ordered the Town to submit information on where within its geographical boundaries convicted sex offenders are permitted to live pursuant to these restrictions. (Minute Entry, dated May 13, 2014.) The Town submitted this information on June 24, 2014 and August 5, 2014. (Dkt. Nos. 94-1; 96.)

II. Discussion

A. Standard of Review

Even with the “special solicitude” to which their complaints are entitled, and the assumption that any reasonably-inferred factual allegations contained therein are true, pro se plaintiffs must still satisfy the “plausibility standard” of pleading claims for which relief may be granted, pursuant to Ashcroft v. Iqbal (“Iqbal”), 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (Kennedy, J.), and Bell Atl. Corp. v. Twombly (“Twombly ”), 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (Souter, J.). See Harris v. Mills, 572 F.3d 66, 71-72 (2d Cir.2009) (applying Iqbal/Twombly to its de novo review regarding the sufficiency of a pro se plaintiffs amended complaint). Otherwise, such claims are susceptible to a motion to dismiss.

Under Iqbal/Twombly, a claim may only survive such a motion, if the complaint does more than recite the legal “elements” of the claim and, with respect to the claim, makes “factual allegations” which sufficiently “raise a right to relief above the speculative level.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937; Twombly, 550 U.S. at 555, 127 S.Ct. 1955. To be sufficient to exceed mere speculation, such allegations must allow the Court, based on its “judicial experience and common sense,” to infer that the claim is plausible, i.e., to make a “reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678-79, 129 S.Ct. 1937. Even if the claim need not establish that the defendant is probably liable, the claim still has to cross the “line between possibility and plausibility.” Twombly, 550 U.S. at 556-57, 127 S.Ct. 1955 (emphasis added).

[3] Ordinarily, “the court should not dismiss [pro se complaints] without granting leave to amend at least once.” Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000). However, where the Court scours the complaint and determines that there are no claims that pro se plaintiffs have simply “inadequately or inartfully pleaded,” it may’ deny them the “chance to reframe” their claims, because any amendment would be “futile.” Id.

B. Article III Standing

Although the State and Epley are the only ones to contest Plaintiffs’ standing (State Br., at 13-14; Epley Br., 5-8), the Court has an “independent obligation” to analyze the issue of standing, as it implicates the Court’s jurisdiction to consider the relevant challenges to the registration requirements, residency restrictions, and trailer program. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (O’Connor, J.); see also Cent. States Se. & Sw. Areas Health & Welfare Fund v. Merck-Medco Managed Care, L.L.C., 433 F.3d 181, 198 (2d Cir.2005) (“Because the standing issue goes to this Court’s subject matter jurisdiction, it can be raised sua sponte.”). The reason is that Article III of the Constitution only confers jurisdiction on federal courts over “Cases” and “Controversies,” U.S. Const, art. Ill, § 2, cl. 1; and standing, at its “core,” is an “essential and unchanging part of the case-or-controversy requirement of Article III.” Lujan v. Defenders of Wildlife (“Defenders of Wildlife ”), 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (Scalia, J.); see also Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) (Powell, J.) (“In its constitutional dimension, standing imports justiciability: whether the plaintiff has made out a ‘case or controversy’ between himself and the defendant within the meaning of Art. III.”).

“[T]he irreducible constitutional minimum of standing contains three elements. First, the plaintiff must have suffered an injury in fact—ai&invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not ‘conjectural’ or ‘hypothetical.]’ Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court. Third, it must be likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Defenders of Wildlife, 504 U.S. at 560-61, 112 S.Ct. 2130 (emphasis added) (citations and quotations omitted; second, third, and fourth modifications in the original); see also Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984) (O’Connor, J.) (outlining the “core component” of standing), abrogated on other grounds by Lexmark Int’l, Inc. v. Static Control Components, - U.S. -, 134 S.Ct. 1377, 188 L.Ed.2d 392 (2014) (Scalia, J.); Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 472, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982) (Rehnquist, J.) (same).

With respect to the injury-in-fact element, the injury is (i) “concrete,” if it is “capable of resolution through the judicial process” and not “too abstract,” Raines v. Byrd, 521 U.S. 811, 819, 117 S.Ct. 2312, 138 L.Ed.2d 849 (1997) (Rehnquist, C.J.) (quoting Flast v. Cohen, 392 U.S. 83, 97, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968) (Warren, C.J.), and Allen, 468 U.S. at 752, 104 S.Ct. 3315); and (ii) “particularized,” if the plaintiff is “himself among the injured” and not simply someone who retains a “special interest” in the injury, Defenders of Wildlife, 504 U.S. at 561 n. 1, 563, 112 S.Ct. 2130 (quoting Sierra Club v. Morton, 405 U.S. 727, 734-35, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972) (Stewart, J.)) (adding that “particularized” means that “the injury must affect the plaintiff in a personal and individual way”). Moreover, the injury, if not “actual,” must otherwise be “imminent,” meaning that it is “certainly impending” and not merely occurring at “some indefinite future time.” Defenders of Wildlife, 504 U.S. at 564 n. 2, 112 S.Ct. 2130 (emphasis in original) (quoting Whitmore v. Ark., 495 U.S. 149, 158, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990) (Rehnquist, C.J.)); accord Clapper v. Amnesty Int’l USA (“Amnesty Int’l ”), — U.S. -, 133 S.Ct. 1138, 1150 n. 5, 185 L.Ed.2d 264 (2013) (Alito, J.) (proposing a “ ‘substantial risk’ ” standard of imminence, as an alternative to the “ ‘clearly impending’ requirement”).

The burden of proving the above elements belongs to the plaintiff, and depends on the “manner and degree of evidence required at the successive stages of the litigation.” Defenders of Wildlife, 504 U.S. at 561, 112 S.Ct. 2130 (collecting cases). “At the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice” to show an injury-in-fact. Id. Additionally, where the plaintiff is an “object” of the “government action,” whose legality is challenged, “there is ordinarily little question that the action ... has caused [the plaintiff] injury, and that a judgment preventing ... the action will redress it.” Id. at 561-62, 112 S.Ct. 2130.

1. Standing to Challenge the State Registration Requirements

First, the Court considers whether Plaintiffs have standing to challenge the original State registration requirements, as adopted in 1996, and the current ones, as amended in 2006. The immediate injury for sex offenders, as a result of these requirements, is the fact that they impose a “disability” through annual registration—which, as to some individuals, lasts their whole lives. (Am. Compl. ¶¶ 20, 24 & at 18-19.) As alleged, the injury is “concrete,” because a decision by the Court, should it conclude that these requirements are unconstitutional, could “eapabl[y]” resolve the source of the injury, i.e., sex offender registration. Raines, 521 U.S. at 819, 117 S.Ct. 2312.

These requirements, as adopted in 1996 and/or as amended in 2006, personally apply to Plaintiffs. Contrary to the State’s argument that there is insufficient information with which to draw this conclusion (State Br., at 4), the information on its sex offender registry website about Plaintiffs’ convictions and the duration of their sentences indicates that Plaintiffs are required to register. Indeed, the appearance of Plaintiffs on the registry website is proof alone that they are registered pursuant to these requirements. See http:// www.criminaljustice.ny.gov/nsor (“This directory now posts multiple photographs of registered sex offenders, as they become available!.]”) (emphasis added). The information on this website specifically suggests that Plaintiffs Wallace and McLaurin and possibly Plaintiff Geoffrion, released prior to 2002, were subject to these requirements, as adopted in 1996; and that they and the remaining Plaintiffs, released after 2002, are still subject to these requirements, as amended in 2006. See supra Section I.A. In light of the fact that these requirements apply to Plaintiffs, they are likely “among” the individuals who suffer the alleged injury that stems from these requirements. Defenders of Wildlife, 504 U.S. at 563, 112 S.Ct. 2130. Accordingly, the injury is “particularized” as to Plaintiffs. Id.

That Plaintiffs must adhere to these requirements, and will invariably suffer the disability that these requirements impose on their lives, is sufficient to establish that the alleged injury actually exists. No speculation is necessary, as the “actual” nature of the injury is apparent. Id. at 560, 112 S.Ct. 2130. Considering that the injury relating to these requirements is “actual” and “concrete and particularized,” Plaintiffs have established the injury-in-fact element. Id. at 560-61, 112 S.Ct. 2130.

There is “little question” about the remaining two elements, causation and re-dressability. Id. at 561-62, 112 S.Ct. 2130. The above injury-in-fact supports a dispute over requirements that directly regulate Plaintiffs and other sex offenders. As such, these requirements are arguably the cause of—and, if assessed to be unconstitutional, the basis for redressing—the injury-in-fact. Id. Indeed, the analysis for the injury-in-fact element substantiates this finding.

Therefore, the Court declines to dismiss, on the basis of standing, Plaintiffs’ challenge to the State registration requirements. Only Plaintiffs Wallace, McLaurin, and Geoffrion, however, have standing to challenge the original requirements, as adopted in 1996. All Plaintiffs have standing to challenge the current requirements, as amended in 2006.

2. Standing to Challenge the State Residency Restrictions

Second, the Court considers whether Plaintiffs have standing to challenge the State residency restrictions. These restrictions are allegedly injurious, because they prevent sex offenders from living in specific areas and possibly lead to individuals being cast out of those areas. (Am. Compl. ¶¶ 20, 29, 41 & at 19.) Surely a limitation on where one may choose to live is no more an abstract concern than, say, a decrease in opportunities to appreciate the “aesthetic and recreational values” of a river, Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc. (“Laidlaw”), 528 U.S. 167, 183, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) (Ginsburg, J.) (quoting Sierra Club, 405 U.S. at 735, 92 S.Ct. 1361); or to “use or observe an animal species,” Defenders of Wildlife, 504 U.S. at 562, 112 S.Ct. 2130. Indeed, in Village of Arlington Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977) (Powell, J.), the Supreme Court held that a plaintiffs potential inability to pursue the “housing opportunity he desires” in another area, for which he would otherwise qualify, was not a “generalized grievance” which defeated standing. Id. at 264, 429 U.S. 252. Thus, a limitation on one’s housing opportunities is a sufficiently “concrete” injury. Raines, 521 U.S. at 819, 117 S.Ct. 2312.

As shown before, the information on the State’s sex offender registry website supports a preliminary assessment of which Plaintiffs are, in fact, affected by the alleged injury that stems from the State residency restrictions. Only Plaintiffs Aiello, Blunt, and Factor appear to be subject to these restrictions, because they were sex offenders released on parole after September 2005 and convicted of an offense against a child under 18-years old or classified as a risk-level three offender. See supra Sections I.A & I.B.2.L Plaintiff Wallace was released on, and completed, parole for his sex offense before these restrictions were adopted. Id. Plaintiffs Calloway, Colon, McLaurin, and Tirado were never on parole. Id. Plaintiff Geof-frion was convicted, and sentenced to probation, out-of-state, and his probation ended prior to the adoption of these restrictions. Id. Accordingly, Plaintiffs Aiel-lo, Blunt, and Factor are the only ones whom the State residency restrictions could injure in a “particularized” way, in that they, and not the other Plaintiffs, are subject to these restrictions. Defenders of Wildlife, 504 U.S. at 563, 112 S.Ct. 2130.

The fact that Plaintiffs Aiello, Blunt, and Factor do not claim that they attempted to reside in particular areas within the State, but were prevented from doing so by the State residency restrictions, does not deprive them of standing to challenge these restrictions. These Plaintiffs can establish standing on the basis that they definitely would be prevented from doing so in the future. The continued residence of these Plaintiffs within the State-—-in “geographical proximity” to the areas specified by these restrictions—suffices to show their “imminent” inability to reside in certain areas, without additional proof as to their “past [residential] use” of those areas. Ecological Rights Found, v. Pac. Lumber Co., 230 F.3d 1141, 1147, 1149 (9th Cir.2000) (explaining the reasoning in Laid- law); cf. Babbitt v. United Farm Workers Nat’l Union, 442 U.S. 289, 298, 99 S.Ct. 2301, 60 L.Ed.2d 895 (1979) (White, J.) (“[I]t is not necessary that [the plaintiff] first expose himself to actual arrest or prosecution to be entitled to challenge [the] statute that he claims deters the exercise of his constitutional rights.”) (quotations omitted) (second and third modifications in the original).

As an example, in Village of Arlington Heights, one of the plaintiffs alleged an injury based on his inability to pursue the disputed “housing opportunity he desires” in a village where he worked, but had never resided. 429 U.S. at 264, 97 S.Ct. 555. The plaintiff, at the time, resided in another village “20 miles away.” Id. Nevertheless, the Supreme Court held that the plaintiffs alleged injury supported his standing to sue. Id. Likewise, in Laidlaw, one of the plaintiffs members lived “20 miles” outside of the town in which the affected area was located, and never used the area for recreation. 528 U.S. at 182, 120 S.Ct. 693. The Supreme Court, however, held that the member faced an actionable injury from certain “challenged activity” that could impact her possible future use of the area, and, thus, that the plaintiff had associational standing. Id. at 182-84, 120 S.Ct. 693.

Indeed, in-state residence is a more “tangible, continuing connection to any particular location affected by the challenged decision,” i.e., the State residency restrictions, than mere residence “halfway around the world” from that location. Id. at 184, 120 S.Ct. 693 (distinguishing Defenders of Wildlife, which held that there was no imminent injury); Ecological Rights Found., 230 F.3d at 1148. Additionally, this connection, through in-state residence, is not one that “relies on a highly attenuated chain of possibilities” contingent on third-party actions to support a finding of an “imminent” injury-in-fact. Amnesty Int’l, 133 S.Ct. at 1147-50 & n. 5 (holding that the plaintiffs could not show that they would suffer an injury-in-fact from the interception of their foreign communications, “at some point in the future,” as their theory hinged on a “chain of contingencies” involving the possible actions of the “Government” and “Article III judges who serve on the Foreign Intelligence Surveillance Court”). Rather, because Plaintiffs Aiello, Blunt, and Factor already live in the State, they would only have to take the extra step of attempting to establish their residence elsewhere within the State, in areas from which they are barred by the State residency restrictions, to suffer the alleged injury at some later point in time.

The fact that these three Plaintiffs fail to allege that they own property—in areas restricted by the State, the County, or the Town (Epley Br., at 7)—does not defeat the imminence of the alleged injury that results from the various restrictions. See Vill. of Arlington Heights, 429 U.S. at 264, 97 S.Ct. 555 (finding that the plaintiff alleged an injury-in-fact, despite the fact that he did not own any property in the village, or in the new housing development located in the village, from which he was precluded); see also Laidlaw, 528 U.S. at 182, 120 S.Ct. 693 (observing that one member, whose alleged injury supported the plaintiffs associational standing, “would like to purchase,” but did not own, property in the affected area). Although Plaintiffs Aiello, Blunt, and Factor have alleged no “actual” injury as a result of these restrictions, they certainly have alleged an “imminent” one. Defenders of Wildlife, 504 U.S. at 564 n. 2, 112 S.Ct. 2130. As such, these three Plaintiffs have established the injury-in-fact element, in that their alleged injury from these restrictions is “imminent” and “concrete and particularized.” Id. at 560, 112 S.Ct. 2130. It is also clear that the injury-in-fact is caused by, and can be redressed through a ruling on, these restrictions, which, like the State registration requirements, specifically target these three Plaintiffs and other sex offender probationers and parolees. Id. at 560-61, 112 S.Ct. 2130.

Therefore, the Court declines to dismiss, on the basis of standing, the challenge to the State residency restrictions, specifically brought by Plaintiffs Aiello, Blunt, and Factor. All other Plaintiffs lack standing, because they have not alleged an injury-in-fact as a result of these restrictions.

3. Standing to Challenge the County and Town Residency Restrictions

Third, the Court considers whether Plaintiffs have standing to challenge the County and Town residency restrictions. The same alleged injury inflicted by the State residency restrictions—that is, the inability for sex offenders, to reside in, and their possible displacement from, specific areas—is attributable both to the County residency restrictions and, though inartfully pleaded, to the Town residency restrictions. (Am. Compl. ¶¶ 20, 27, 29-30 & at 19; see also id. ¶ 44 (imputing the same allegations to the Town residency restrictions).) Additionally, the County residency restrictions, in confining the residence of sex offenders to particular areas within the County, allegedly leave such individuals without housing options and, thus, potentially homeless. (See Am. Compl., at 20; Pis. Opp., at 6.) There is no reason why the. alleged injury from the County and Town residency restrictions is any less “concrete” than that of the State residency restrictions. Raines, 521 U.S. at 819, 117 S.Ct. 2312 (holding that an injury is “concrete,” if it is not “too abstract” and is “capable of resolution through the judicial process”). The County and Town residency restrictions also ostensibly apply to all Plaintiffs, as registered risk-level two and three sex offenders, and, thus, are capable of inflicting a “particularized” injury on Plaintiffs. Defenders of Wildlife, 504 U.S. at 563, 112 S.Ct. 2130.

Plaintiffs, except for Plaintiff Tirado, allegedly reside or have resided in the County. See supra Section I.A. Mere “geographical proximity” to particular areas, affected by the County residency restrictions, is sufficient to establish “imminent” injury. Ecological Rights Found., 230 F.3d at 1147, 1149. Furthermore, the fact that these Plaintiffs purportedly have been homeless before, because of the County residency restrictions (Am. Compl., at 20; Pis. Opp., at 6), suggests that the injury is not only “imminent,” but “actual.” Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct. 2130.

As for the Town residency restrictions, none of the Plaintiffs appear to live in the Town; however, all but Plaintiff Tirado live or have lived in the County, where the Town is located. See supra Section I.A. Although Epley argues that the absence of evidence that these Plaintiffs ever previously resided or presently reside in the Town refutes the existence of any “actual or imminent” injury (Epley Br., at 6-7), the Supreme Court, in Village of Arlington Heights and Laidlaw, held the exact opposite: in those cases, it concluded that a plaintiff, who lived outside of the town or village in which the affected area was located, also alleged an injury-in-fact with respect to particular actions pertaining to that area. See Laidlaw, 528 U.S. at 182-84, 120 S.Ct. 693; Vill. of Arlington Heights, 429 U.S. at 264, 97 S.Ct. 555. Similarly, in this case, the fact that these Plaintiffs reside in the same County as the Town supports the imminence of the injury stemming from restrictions that relate to specific areas of the Town. Such proximity to the Town reassures the Court that the “legal questions” regarding these restrictions are not being addressed in a “rarified atmosphere of a debating society,” but rather in a “concrete factual context” involving an appreciable threat of injury to these Plaintiffs, one that “judicial action” can resolve. Valley Forge Christian Coll., 454 U.S. at 472, 102 S.Ct. 752.

Because these Plaintiffs allege that they actually have been and/or imminently will be injured, in a concrete and particularized fashion, by the County and Town residency restrictions, they have established the injury-in-fact element. Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct. 2130. For the same reasons articulated supra at Sections II.B.l & II.B.2, these Plaintiffs have also established the causation and redress-ability elements.

Therefore, the Court declines to dismiss, on the basis of standing, the challenge to the County and Town residency restrictions by Plaintiffs. The only exception is that Plaintiff Tirado has not pleaded enough to demonstrate his injury-in-fact from these restrictions, and, thus, he does not have standing.

4. Standing to Challenge the County’s Trailer Program

Finally, the Court considers whether Plaintiffs have standing to challenge the County’s trailer program. This program purportedly leaves otherwise homeless sex offenders to tolerate living conditions, at a level below that of “other free men.” (Am. Compl. ¶¶ 45-46.) The alleged injury to such individuals through this program—the inability to enjoy the same living conditions as everyone else—is “concrete” enough to support their injury-in-fact. Raines, 521 U.S. at 819, 117 S.Ct. 2312; cf. Ne. Fla. Ch. of Associated Gen. Contractors of Am. v. City of Jacksonville, 508 U.S. 656, 666, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993) (Thomas, J.) (“When the government erects a barrier that makes it more difficult for members of one group to obtain a benefit than it is for members of another group, a member of the former group seeking to challenge the barrier need not allege that he would have obtained the benefit but for the barrier in order to establish standing.”).

Plaintiffs, except for Plaintiff Tirado, are allegedly sex offenders who face or have faced the possibility of becoming homeless within Suffolk County, because of the various residency restrictions to which they are subject. See supra Sections II.B.2 & II.B.3. Based on this allegation, it is plausible that this program covers these Plaintiffs and, thus, that the alleged injury perpetrated by this program affects them personally. In short, the injury is sufficiently “particularized.” Defenders of Wildlife, 504 U.S. at 563, 112 S.Ct. 2130.

The above finding is borne out through other generalized allegations of these Plaintiffs’ coverage by this program in the past, and their resulting treatment as “prisoners,” rather than “free men,” see supra Section I.A. At least two Plaintiffs, Wallace and Calloway, allege that they continue to be homeless in Suffolk County, id., and, thus, could be covered by this program again. In other words, the injury that allegedly arises from this program is not only personal to these Plaintiffs, but also actually occurring and/or imminently bound to occur. Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct. 2130.

Having alleged an “actual” and/or “imminent” injury that is “concrete and particularized,” id., these Plaintiffs have established the injury-in-fact element with respect to the County’s trailer program. These Plaintiffs have also established the causation and redressability elements, because the cause of, and basis for redressing, the injury-in-fact is this program and its creation of living conditions less favorable to homeless sex offenders than those of “other free men” residing in Suffolk County. Id. at 561-62, 112 S.Ct. 2130; (Am. Compl. ¶ 46).

Therefore, the Court declines to dismiss, on the basis of standing, Plaintiffs’ challenge to the County’s trailer program, with the exception of Plaintiff Tirado.

C. The State’s Motion to Dismiss

Having held that there is standing to substantiate the challenges to the registration requirements, residency restrictions, and trailer program at the pleading stage, the Court turns to the specific arguments for dismissal in Defendants’ respective motions, starting with the State’s motion.

1. Statute of Limitations

The State argues that, pursuant to Section 1983, the ex post facto claims—relating to (i) the original and current State registration requirements and (ii) the State residency restrictions—started to accrue when these requirements and restrictions took effect. Thus, the claims brought against the State in 2012—six years after the last effective date of these requirements and restrictions—are time-barred based on the applicable three-year statute of limitations. (State Br., at 14-16.)

Indeed, the applicable statute of limitations for Section 1983 claims is the State’s “general or residual statute of limitations governing personal injury actions,” which is three years. Owens v. Okure, 488 U.S. 235, 245, 251, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989) (Marshall, J.). The accrual of such claims, however, hinges on federal law. Eagleston v. Guido, 41 F.3d 865, 871 (2d Cir.1994). Under federal law, such claims ordinarily accrue, once the plaintiff “knows or has reason to know of the allegedly impermissible conduct and the resulting harm.” Veal v. Geraci, 23 F.3d 722, 724 (2d Cir.1994); see also Ea-gleston, 41 F.3d at 871 (same). Pursuant to the ordinary accrual rule, the claims against the State could be deemed as having started to accrue on the effective dates for these requirements and restrictions, i.e., in 1996, 2005, and 2006, when Plaintiffs and other sex offenders had “reason to know” that these requirements and restrictions constituted ex post facto violations. Ibid. By this reasoning, the three-year time limit to bring any such claims expired as of 2009 at the latest, three years before this case began.

However, an exception to the ordinary accrual rule exists, one that several other Circuits have recognized and this Circuit has not expressly rejected: the clock on any challenge to the constitutionality of a statute, whose continued application works an ongoing constitutional