San Diego city officials decided Tuesday to keep the city's Child Protection Act despite the potential for a lawsuit or the fact that it hasn't been enforced for eight years.
Under the ordinance, a registered sex offender convicted after April 13, 2008, is not allowed to live within 2,000 feet of a school, park, playground, library, day care, amusement center or arcade.
The City Council was asked by San Diego City Attorney Mara Elliott to rescind the ordinance saying it could lead to a lawsuit against the city.
She said 97 percent of registered sex offenders in the area are unable to find a place to live because of the ordinance's restrictions.
Elliott told the council at least 40 municipalities have been sued by similar ordinances.
Only four of nine council members voted to repeal the act.
One of the members who declined, Councilmember Lorie Zapf said she would err on protecting children versus protecting the city from a potential lawsuit.