The ordinance passed by Orange County which prohibits all registrants from entering public parks, beaches, harbors and other recreational areas is unlawful, according to a panel of three Superior Court judges. The unanimous decision was issued on November 15.
According to this decision, the county ordinance violates the constitution of the State of California because it preempts existing state law which prohibits registrants from entering public parks but only if the registrant is on parole and offended against a child who is less than 14 years old. That law is California Penal Code Section 3053.8.
“This is a major victory for registrants, not only in Orange County, but throughout the state of California,” stated Janice Bellucci, California RSOL state organizer. “Registrants can now recreate in the parks, beaches, and harbors of Orange County without fear of being arrested or fined.”
This decision is the result of the dedication and hard work of attorneys within the Orange County Public Defender’s Office who have represented registrant Hugo Godinez, who was arrested in an Orange County Park on May 5, 2011. According to attorney Scott Van Camp, Godinez was attending a mandatory company celebration of Cinco de Mayo at the time of his arrest.
The court’s decision has been referred to the next appellate level for possible review. That court could reject further consideration of this decision or accept the case for additional review. A decision by that court regarding further review of the November 15 decision is expected in December.
The November 15 decision is limited to the Orange County ordinance and does not apply to ordinances passed by cities within that county or any other county. However, additional challenges have been made to similar ordinances adopted by Orange County cities, including but not limited to Tustin, Fullerton, Costa Mesa, Seal Beach, and Huntington Beach.
Rock on, baby!
Janice Bellucci for AG!!!
Janice you are an angel sent from heaven!!!!
The O.C. D.A. is vigorous and determined, but is fortunately uninformed on the real issues of protecting the public from dangerous persons. He has a real problem in Anaheim with the gangs that kill at least 1 person a week but he would rather focus on a group that is just trying to move on with their lives.
I spent my entire summer telling my 11 year old son that I could not go to the park to throw the football with him. How can the damage that has been done be reversed? It cannot. He will remember the last summer FOREVER. I have had nightmares of being dragged from my home and persecuted. I was convicted in 1989 in a bogus child custody case. I have had three boys born since then that I have raised to be great people despite the mark that was put on them as well as myself for events that never happened. I prayed this morning as I always do and I had this overwhelming feeling that god answered me right then and there. I was overcome with a flood of Energy and Life like never before. Then I checked here as I always do and I knew, My prayer was answered.
Hey Orange County! Do you still think DA Tony Rackauckas, who came up with these nazi-esque laws, is someone who understands the law enough to continue as the DA? Enjoy those courts costs O.C.
Jeff, I know how you feel. I was unable to go with my family to the Huntington Beach dog area with my family because of this law and had to answer to my kids as well. It’s time for a change and a REAL look at who needs to be on this list.
Kick A Hole in The Sky!!! WOOO HOOOO Janice & Team!!!!!!!!
Congrats!
Holy Cr@p! Although it seems common sense, I was beginning to wonder if such a decision would ever happen.
Thank you to Janice and all others who have the courage to stand up, show up and speak up.
A great big Thank You! to the OC Public Defender’s office – much overworked and under-appreciated – but for more and more people without means the only way to restore their rights and protection from ‘justice’ run amok. No, really, thank you!!
http://blogs.ocweekly.com/navelgazing/2012/11/orange_county_sex_offender_ord.php
Joe, in addition, Tony Rackauck’s side kick Susan Kang Schroeder’s husband was arrested on Halloween night for drunk driving, while his wife Susan was pre-occupied with going around to all the Orange County cities with her lies focusing on all the sex offenders. They don’t want someone they require to register having a outside light on Halloween (heaven forbid) but her husband could have killed someone that night, and she is okay with that. Someone needs to write to the editor of the Orange County Weekly and enlighten him to Mr. Schroeder’s offense. (I could not)
The appellate judges made a clear case for common sense in pointing out the absurdity of a “transient population” not knowing which city has which rule. If there is any ambiguity in legal precedent as to the question of state preemption or not that would allow for judicial discretion at the higher level of appeal, it seems to me that contention tips the scales toward a decision favorable toward preemption. Let us hope the state appellate agrees.
Thank you all for your positive comments. This is indeed a bright day full of light and hope. There are more dominoes to fall. Please stay tuned.
I hope this is the tipping point that we all have been waiting for. Great job Janice. We all need to get on board and help Janice navigate all of us and our families through these issues. Loud mouth Tony is not going to take this well. His chief of Staff has her own family issues now with nher husbands arrest. I don’t see Tony going after or having DUI recepiants having to register or paint there cars a special color so we know who is driving!!!
Great Job Janice and I think we all need to support her. Please go to the web site and donate what you can to help her fight for us.
To the team… thank you for your hard work & dedication. For the haters… u have NO idea what this law has done to these guys subjected to it. As a wife of one in O.C., I have seen first hand what this law has done to these guys. Yes some of the ones that are repeat offenders need help. But to those that dont need it, this law has done irrepairable damage psychologicaly. Try being homeless, in the rain, with hardly any shelter whatsoever, when its 40 degrees outside & cant go to a shelter for warmth. Only then can any of you have something to say. These guys are more of a danger out on the streets than in homes where responsible parties can look out for. Most of these guys have a place to stay but thanks to “lovely” Jessicas Law they were subjected to inhumaine conditions due to the restrictions of the law. Thanks to people voting for this law, they have inadvertently put their kids in more danger by sending these guys to the streets without much supervision. Thanks again for standing up.
Yeah Hootie!!!
Another thank you Janice for doing the right thing even when it sometimes makes you the target of some pretty nasty comments. Frank called me today with the news and now I can pass it on to my son.
Blessings-Val
THANK YOU GOD FOR SENDING US JANICE!!! Thanks again Janice I couldn’t shout loud enough this morning running to the kitchen to tell my family… Thank you thank you!!!May God pour his blessings on all of you….thank you God for answered prayers
Although I am not a resident of Orange County, I wanted to weigh in on the sex offender ordinance by expressing my deeply felt appreciation to all of you involved in the thoughtful and organized legal push-back. I am profoundly grateful to you individually and as segment of our society for highlighting the dignity of all men (including offenders) and the courage to fight to protect the right of ex- offenders to rehabilitate their personal dignity and freely enjoy the civil liberties of all responsible productive citizens.
Thank you Janice and everyone at RSOL!!!
With all due respect to Ms. Bellucci, neither she nor California RSOL are responsible for this decision. The case was brought on behalf of a probationer registrant named Hugo Godinez, an Orange County resident, by the Orange County Public Defender’s Office. Mr. Godinez had been arrested in Mile Square Park in Fountain Valley on Cinco De Mayo 2011 and the OCPD’s office represented Hugo in the criminal case that followed. Give credit to Scott VanCamp, Mr. Godinez’s public defender.
To be fair, credit for this decision also rests with the brave registrant parolees and probationers who initially brought constitutional challenges to the courts in Orange, Los Angeles and San Diego counties, among other counties,to which the Public Defender’s offices became assigned to represent, per rules of the court. These challenges began in 2010, well before Ms. Bellucci’s involvement in California RSOL.
So, though Janice is to be commended for her relentless advocacy, she is not the correct person to thank for this decision.
Scoop213,
You are right of course. But, without Janice, RSOL, and this website, many would not be able to learn of such news, know that there are brave people out there standing up, and speaking out. Giving us a way to connect, giving us a way to support each other. No one is really alone if they can believe that there are many fighting for them and their families rights. As more citizens gain the courage to fight, we will start to gain hope and the courage to keep fighting. Everyone reading this will always remember the name “Scott VanCamp” Public Defender,the defendent, as well as the nameless people who worked on this case. Nor will any of us ever forget the name “Janice Bellucci” for bringing lightness into the darkness of our lives. I want to thank them all.
These laws, lifetime registry and “stigma” in fact, accomplishes; lining the pockets of private “therapists” (blood money), making it difficult for the offender to find work, a place to live, strive to change their life to get off the registry and have been proven ineffective, if not more dangerous for the community. You cannot legislate your way out of human behaviors. One can take responsibility for their own life and become a good person again, in spite of these fear mongering requirements to fool an ignorant society into thinking they are safer.