A divided state appeals court ruled Tuesday that the constitutional rights of New York sex offenders are not violated by prohibiting them, while under parole supervision, from living or traveling within 1,000 feet of schools, day care centers or other places where children congregate.

The 3-1 Appellate Division, First Department, panel ruled that the buffer zone provision of the Sexual Assault Reform Act (SARA) violates neither the ex post facto clause of the U.S. Constitution nor substantive due process under the state or federal constitutions.

Justice Judith Gische wrote for the majority that the court was mindful of the “highly deferential constitutional standard applicable to legislative enactments” as it upheld the constitutionality of the law in In re Williams v. Department of Corrections and Community Supervision, 15259.