Six Flags Says Sex Offenders Are Unwelcome at Its Parks

This is a partial transcript from "The O'Reilly Factor," May 20, 2005, that has been edited for clarity.

Watch "The O'Reilly Factor" weeknights at 8 p.m. and 11 p.m. ET and listen to the "Radio Factor!"

MICHELLE MALKIN, CO-HOST: In the "Personal Story" segment tonight, an unusual move by the Six Flags Amusement Park (search) chain to keep your kids safe this summer. It's warning sex offenders that they're not welcome.

On this year's season pass, Six Flags reserves the right to kick out all sex offenders and warns that anyone acting suspect with kids will be subject to a background check.

And guess what? Some people don't like the policy, including criminal defense attorney Arthur Aidala, who joins us now.

Arthur, don't tell me that you are going to support molesters being at amusement parks ?

ARTHUR AIDALA, DEFENSE ATTORNEY: Number one, that's the exact reason why they're able to do this, because the molesters don't have a lobby. And they shouldn't have a lobby. This rule is as about as enforceable as that little tag on the pillow that says it's a crime to rip this off. It's unenforceable, number one.

Number two, all this is really is a publicity stunt. Look, number — they succeeded. We're on the number one cable talk show, talking about this right now. Six Flags is getting a tremendous plug as we speak.

MALKIN: And I know that there are millions of parents like myself who are cheering this effort by Six Flags to ensure that families know that their kids are going to be safe when they're at the amusement park.

AIDALA: What I'd like to know is why did they highlight this? Is there a problem at the Six Flags? Why all of a sudden on the back does it say sex offenders?

How come it doesn't say anyone who's ever been accused of tampering with a ride shouldn't come in? How come it doesn't say anyone who's been charged with assault in the first degree? How come it doesn't say anyone who's been charged with murder?

MALKIN: Come on. This is common — this is common sense, Arthur. The fact is that child molesters like to go to places where kids are.

AIDALA: Correct. And — and in this particular place, usually kids are there with their parents.

What it's trying to do — it all comes down to money. What it is, is they're lulling the parents into a false sense of security. They've already acknowledged they can't check everyone out.

So when a parent has to make a decision: do I take my kids to the YMCA pool or the Six Flags? Well, Six Flags keeps out sex predators. The YMCA doesn't. So we should go to the Six Flags.

But that's wrong. It's actually dangerous. Because it may make parents let their guard down. Say, "Hey, you know what? Six Flags, they screen for sexual predators. I don't have to worry about my kids here." And that's not true. They're not enforcing it at all, and they've already admitted to not enforcing it.

MALKIN: You know, this is really incredible. Because basically what this park is doing is something that I think amounts to corporate responsibility. They're saying, "Hey, we need to — our employees to have the discretion, if they see something funny going on, to kick people out of the park." And they already have that general rule, right?

AIDALA: That's fantastic. That's what they should do. That's exactly what they should do.

MALKIN: And look...

AIDALA: Should they make a blanket rule that someone who 20 years ago when he was 18 years old fooled around with a 16 1/2 year-old, so he had to plea to rape in the third degree. Now he's 38 with his kid wheeling in, and he shows his DNA card or he shows his rap sheet, which is impossible. And they say, "Twenty years ago, you were convicted of rape in the third degree. You can't come in."

MALKIN: Yes. Yes.

AIDALA: Because twenty years ago, he was found guilty of rape in the third degree with a consenting underage person.

MALKIN: OK. Come on.

AIDALA: A consenting underage person.

MALKIN: And you don't...

AIDALA: What about someone who committed an arson?

MALKIN: And how about the recidivism rates of a lot of these sex offenders?

AIDALA: And if anyone in security, anyone there in terms of corporate responsibility senses that anyone is going to do anything sexual, violent, anything to harm anyone, then they should enforce it 100 percent.

Should these people be branded like that? Why don't we just let them walk around with a scarlet letter? A big "S," sex offense.

MALKIN: Why not? You know, we don't have enough of that.

AIDALA: Because this is the United States of America. That's because we're in the greatest country in the world.

MALKIN: You know what? Currently...

AIDALA: That's why we're the best.

MALKIN: Currently — currently in the United States of America, it's already law in many states that if you're a convicted sex offender, you can't live near a school.

AIDALA: In every state. In every state I believe it is.

MALKIN: You can't work for a child care center.

AIDALA: A hundred percent.

MALKIN: This seems to me a logical extension. And it's a private park.

AIDALA: It's — it's discrimination and it's good discrimination, to a degree. But at what point do you draw the line?

There's already databases. If you want to move into this neighborhood, you could find out where the sexual predators live. But at what point — what about the supermarket? There are a lot of kids who go to the supermarket.

MALKIN: This is — you know what? This is about (INAUDIBLE).

AIDALA: Should sex offenders not be allowed in the supermarket?

MALKIN: Everybody has a creep radar. And if you see some guy who's hanging around the hot dog stand...

AIDALA: They should. A hundred percent. But why do they have this policy?

MALKIN: ... and they're staking out kids or surveilling them.

AIDALA: You're correct, 100 percent. Or if someone is drunk or if someone has a weapon. They should definitely ban all of those people who are jeopardizing anyone's safety.

Why do they highlight sex offense? To sell more tickets to parents. They're tricking the parents that the children are more safe here than somewhere else. It's all about money. It's corporate America making money.

MALKIN: It's all about putting up a neon sign and telling parents, your kids are safe.

AIDALA: And it's not true, because they're not enforcing it. They're not enforcing it. They didn't say when the season ticket holder sends their application in, they run it through a database and says, "Oh, this person's been convicted of a crime. We're not going to send the tickets."

They get the money; they send the tickets.

MALKIN: Well, I'm going to bring my kids to Six Flags, and I know they're safer there.

AIDALA: That's what they want to accomplish.

MALKIN: Thanks, Mr. Aidala.

AIDALA: It was a pleasure.

MALKIN: Still to come, an immigration showdown over the Minutemen's patrol coming to the California border.

Content and Programming Copyright 2005 Fox News Network, L.L.C. ALL RIGHTS RESERVED. Transcription Copyright 2005 eMediaMillWorks, Inc. (f/k/a Federal Document Clearing House, Inc.), which takes sole responsibility for the accuracy of the transcription. ALL RIGHTS RESERVED. No license is granted to the user of this material except for the user's personal or internal use and, in such case, only one copy may be printed, nor shall user use any material for commercial purposes or in any fashion that may infringe upon Fox News Network, L.L.C.'s and eMediaMillWorks, Inc.'s copyrights or other proprietary rights or interests in the material. This is not a legal transcript for purposes of litigation.