The City of Maywood is scheduled to consider repeal of its residency restrictions during a City Council meeting on July 11. If the City Council approves repeal of the restrictions on that date, a second vote will be required at its next meeting on July 25.
“The current residency restrictions in the City of Maywood virtually banish all people required to register from living in that city,” stated ACSOL Executive Director Janice Bellucci. “As a result, Maywood families have been torn apart.”
ACSOL notified the City of Maywood in a letter dated May 21, 2017, that the city’s residency restrictions were unconstitutional as well as inconsistent with a 2015 decision rendered by the California Supreme Court. The letter also warned that if the City did not repeal its restrictions, a lawsuit would be filed.
The City of Maywood refused to repeal its residency restrictions in a letter dated June 7, 2017. A lawsuit challenging the restrictions was filed in state court on March 15, 2018, and included claims of preemption by state law as well as violation of the 14th Amendment to the U.S. Constitution.
Following a contentious discovery process, the plaintiff in the case filed a Motion for Summary Adjudication on the state preemption claim which the court granted on May 31, 2018. In its decision, the court ruled that residency restrictions cannot be applied to registrants who are not on parole. The court also ruled that registrants cannot be restricted from living near public and private care centers.
The Maywood case was originally scheduled for trial on July 25, however, the trial date was extended to September 12 at the request of both parties in order to provide adequate time for settlement discussions.
“If the City Council does not repeal its residency restrictions this month, the case will proceed toward trial,” stated ACSOL President Chance Oberstein. “We thank Marty Weiss of Los Angeles for serving as the plaintiff in this case”.