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Dial-in number: 1-712-770-8055, Conference Code: 983459, Time: 5 pm PT

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Q3: 8/12 by phone, 9/16 in San Diego [details], Q4: 10/14 in Los Angeles

Emotional Support Group Meeting: Aug 26 in LA [details]

ACSOLCalifornia

Seal Beach Repeals Residency Restrictions

The Seal Beach City Council voted last night in favor of repealing its residency restrictions. The vote was taken based upon a recommendation to repeal by the City Manager which noted that residency restrictions are ineffective and have been stricken down at the state level. The City Council is expected to consider this issue a second time during its next meeting on March 27 and the repeal would be in effect 30 days later.

“This is a significant victory for registrants and members of their families,” stated ACSOL Executive Director Janice Bellucci. “That is because when the Seal Beach repeal goes into effect, there will be no residency restrictions in all of Orange County.”

The staff report relied upon by the City Council included references to and discussions of two recent court decisions, In re Taylor, and People v. Lynch. In the first decision, the CA Supreme Court determined in March 2015 that the CA Dept. of Corrections could not apply residency restrictions to all registrants on parole. In the second decision, the First Appellate Division decided in October 2016 that Jessica’s Law, which established statewide residency restrictions, was limited only to registrants while on parole.

The City of Seal Beach’s residency restrictions were challenged in a lawsuit filed on January 10, 2017, in Orange County Superior Court. It was the 18th lawsuit filed challenging a city’s residency restrictions. Subsequent to filing of this lawsuit, lawsuits were filed challenging residency restrictions in the City of Monrovia and the City of Temecula.

Related

Seal Beach grudgingly scales back restrictions on where sex offenders can live (LA Times)

Join the discussion

  1. G4Change

    Another unconstitutional law created by holier-than-thou N.I.M.B.Y.s bites the dust! Thank you Janice, Chance, and all!

  2. newby

    God Bless You Janice..There is a special place in Heaven for people like you..

  3. pgm111

    Another significant win. Thank you Janice.

  4. New Person

    Awesome job!

    BTW, I didn’t know about People v Lynch. Essentially, anyone not on parole has no residency restriction. This clarifies the unknown in the re:Taylor case where the scope was only for parolees.

  5. Bay area RSO

    Congratulations on another win!

    By any chance, does someone keep track of all the residency restriction wins ACSOL has achieved?

    How do I know if my city has one? Going to my city’s official website just mentions Jessica’s law for reference.

    • Janice Bellucci

      If you want to know if your city has residency restrictions, please contact me through this website and I will answer your questions.

  6. D

    The statement that “there will be no residency restrictions in all of Orange County” is only partially true. There are still cities like Cypress that have only agreed not to enforce their residency restrictions but not repeal them.

  7. mike r

    people v lynch another indication that the California courts are prime for a real challenge to the entire scheme….

  8. ReadyToFight

    I think it’s awesome that our group can have victories on matters like where we’re allowed to live.
    But what about all the many places that deny us and our families a place to rent just because of the SO status?
    Forcing us to live in slums or on the streets.

  9. USA

    Congrats! The scary thing is that I live very close to Seal Beach! I had no idea this law existed’ Very disturbing!

  10. mike r

    between the Lynch case (which no one has mentioned or referenced untill now) and the fact that state laws supercede local ordinances that no one can be charged or prosecuted for violating any of these residency or presence restrictions…it seems to me to be settled law here in California. the state didn’t even contest who Jessica’s law applies to….they conceded it only applies to people on parole…I find it hard to believe that no one has ever brought to light the Lynch case seeming how utterly important it is to so many of us…of course nothing surprises me anymore…Lynch I am almost positive nullifies any residency restrictions anywhere in California so if someone tells an rso to move or that they can’t move somewhere in California we can tell them to go screwww themselves and simply cite the Lynch case…thats my take on the subject..if I’m wrong please let me know….

  11. mike r

    also these decisions coming from these left wing radical judges shooting down Trump’s travel bans are extreemly important cases and language from the courts…the reason I say left wing judges is because by all legal rights trump has the statutory and constitutional authorities to impose this ban…there is no ambiguity to the statutory section that authorizes him to do it…but we can definitely use these decisions and relate them directly to us…

  12. mike t

    Councilwoman Ellery Deaton said she supported the decision to rescind the ordinance but only under duress.
    Really!?! Who threatened her and how? How can a person support anything under duress? Poor choice of words I guess. I have to register every year under duress!

    Congrats again on the victory ACSOL! This is more free publicity and awareness for our plight. If each article like this gets at least twenty readers to question the ethics and integrity of these insane restrictions, then I’m happy. I Realize that many people will lose their sense of security or panic over this, but there are plenty of cynics out there who will see though this BS.

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