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CA: Maywood to Consider Repeal of Residency Restrictions

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”.

Join the discussion

  1. cool

    Way to go !!
    here is the code fo ordinance for Maywood.
    https://library.municode.com/ca/maywood/codes/code_of_ordinances?nodeId=T5_C44

    • cool

      How many cites still have this types law on the books?

      • Janice Bellucci

        @Cool – According to our research, there are 19 local governments (cities and counties) that currently have residency restrictions. If needed, we will sue them all in order to get rid of residency restrictions in the entire state of California!

        • G4Change

          Thank you, Janice, and all at ACSOL for your continued diligence in getting this bogus garbage overturned.

        • Cool

          Sure, just let me know what city I should ” move” to and we will sue.

    • Gary

      Ok I am not from California, but I read this nonsense, they actually have a code to stop 2 RC’s from living in the same apartment complex, absolutely ridiculous.

  2. Lake County

    I wonder if the local taxpayers realize the mistakes that cities like this make that waste the taxpayers money. It’s too bad that most government lawsuits are settled behind closed doors so that the public does not see how inept their government employees are. My county gets sued all the time and looses most of the time, however most of the details are never disclosed to us.

  3. WTF?

    Has there been any studies as to the ethnic, socio- economic, and religious make up of these cities. Seems to me from looking at the ones that have been sued, it’s a higher hispanic, catholic/ christian middle class make up. Kind of hypocritical, considering the “forgiveness” factor if that religion, as well as an established high rate of hispanic teen pregnancies.

    • Tim Moore

      WTF, my theory is that those who make up sex offender laws recognize a problem either in themselves or their community and instead of analysing that issue directly, find scapegoats that allow them pretend to act, but really escape the issue completely.

  4. David

    ❔ Any UPDATE?? ❔
    Is there any news about what happened at last night’s Maywood City Council meeting?
    Did Maywood repeal its residency restrictions?

  5. LS 2 Marty W

    Marty, thank you SO much for giving up valuable time, to be the plantiff, in this case. Also, thank you for your inspirational talk, at the most recent ACSOL 2 day, annual conference. Your determination, gave me hope.

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