FOR IMMEDIATE RELEASE: December 18, 2012
California Reform Sex Offender Laws (RSOL) today filed a lawsuit in federal district court challenging the sex offender ordinance adopted by the City of Lancaster. The ordinance prohibits all sex offenders from entering both public and private areas, including the city’s library, museum, and parks as well as privately owned arcades and movie theaters.
The bases for the challenge are violations of the First, Fifth and Fourteenth Amendments of the U.S. constitution as well as Article XI of the California constitution. The ordinance was adopted by the Lancaster City Council on September 11, 2012, and went into effect on October 10, 2012.
“The ordinance passed by the City of Lancaster is the worst of the worse,” stated Janice Bellucci, President of California RSOL. “It is the only known ordinance in L.A. County that prohibits registrants not only from entering public and private places, but also from being present within 300 feet of those places. This, in effect, prevents registrants from going to the entire downtown area. This ordinance must be stopped.”
In addition to prohibiting registrants from going to or near public and private places, the ordinance restricts to one the number of registrants who may reside in a single family dwelling, multi-family dwelling, or hotel/motel/inn in most circumstances. Further, the ordinance prohibits registrants from decorating their homes and answering the door to children on Halloween.
“California RSOL testified at two City Council meetings and notified the mayor and members of the council that the ordinance violates the state and federal constitutions,” stated Bellucci. “We also informed the Council that the ordinance would not increase public safety for two reasons: (1) few registrants commit a second sex-related offense and (2) most sexual assaults upon children are perpetrated by family members, teachers, coaches and members of the clergy.”
Subsequent to the City’s adoption of the ordinance, California Department of Corrections and Rehabilitation issued a report in October 2012 stating that only 1.9 percent of registrants commit a second sex-related offense. Copies of that report are available online at www.californiarsol.org.
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The Constitution protects all people…not just some…free Americans cannot be forced to give up fundamental rights…restrictions are punishment that violate civil rights on free Americans …there also should be big money lawsuit in place for those civil rights violations…those public personnel were to support and defend the Constitution …not sabotage it.
THANK YOU ca RSOL
According to the Megan’s Law website it is a crime for an individual to discriminate against an rso concerning housing employment credit and a few other things. It seems the cities themselves are breaking the laws. There needs to be huge punitive payouts in these cases to stop the madness. What happens when the private sector follows suit and refuses entry into grocery stores or any store. The governments in these cities that are saying no entry into a library or museum are breaking the law period. There needs to be catastrophic effects to these lawsuits in order to stop the madness. That is the whole purpose of punitive damage, and the damage must be so severe financially to the perpetrators that it really impacts there decision to something so stupid in the future.
There’s a museum in Lancaster?
If only it included the DMV, it would pretty much ban me from any place I could possibly want to go in that town.
Uh, Im dumbfounded. They still allow Sex Offenders to use public restrooms? The City of Lancaster sounds like Nazi Germany! I mean, who on earth should be banned from visiting parks, libraries, museums and privately owned arcades and movie theaters? Did I just read that correctly? Someone convicted of a crime who has been released from parole/probation is prohibited from going to a movie? What about malls? THere is a Halloween ban as well? This city is clearly the worst of the worst. Its disgusting on how any city could pass such a law? How about the gang members currently residing in their city? Im appalled. We have gang members carrying guns, doing drive by shootings, selling drugs and they have more freedoms than a guy like myself who was convicted of a misdemeanor 17 years ago and receiving summary probation! (the charges have all been since dismissed). So, I commend you for filing this suit. In essence, there is no way in hell that the City of Lancaster can or will prevail with such disturbing laws. These laws clearly violate the rights of those who have been convicted of sex offenses. They are very hateful, discriminating, they create hysteria, fear and the recent study showing a recidivism of 1.9 % substantiates how much thought went into this Disgusting, disturbing and thoughtless law. Im Appalled! Watch out Lancaster, here we come!
Whatever Movie theater’s and arcade’s are supposedly off limits in Lancaster should be invaded by rso’s and then the police should be called and they should do everything in their power to be arrested. The Movie theater could be sued and if it were a huge franchise like Edwards Cinema’s the damages could be a very large amount of money. The ones in charge could be charged with violating the law that protects rso’s from harassment from use of the Megan’s law website. Could you imagine trying to walk into a Walmart and they tell you that you are not allowed. As in most cases the private sector is smarter than the Government. If the private sector companies were to try to do what the Government is trying to do they know that they would be in violation of the law and they would be vulnerable to lawsuits that could cost their companies millions of dollars. The Government thinks it is immune from these laws and the lawsuits. Not only should these cities be sued but the people behind these laws should be arrested and prosecuted for committing a hate crime. That’s right a Hate Crime. By taking part in passing these laws the city council members should be arrested and charged with a hate crime. I guarantee you if the City Council Members voted in an ordinance that said. No Black people or Jews allowed downtown. they would be arrested.
I concur with Jeffs comments. Im still thinking this is a bad dream. Can you really fathom anyone being arrested for visiting an arcade or movie theatre secondary to a criminal conviction? Im in total and complete shock. What the public isnt aware of is that not every registered sex offender is some person trying to hurt/kill little children or ect! These laws create fear, animosity, anger and outrage. OMG, if the City of Lancaster passes a law preventing these dangerous animals from visiting movie theaters and arcades, they must be dangerous! This is something out of the 60s. I mean, white bathroom and black bathroom.. Maybe all sex offenders should be required to sit at the back of the bus! Yeah, lets enact this law? What is a sex offender exposes themselves or touches a child? Its nuts. I believe in laws, but these are unconstitutional and dangerous! I recommend getting arrested at an arcade or Edwards Cinema?
Yea, use Twitter to get an RSO flash mob going at the Lancaster Edwards multiplex and let me know how it goes.
If we engaged in civil disobedience and the country saw images of us getting fire hosed and attacked by police dogs a la Selma, Alabama I tend to doubt we’ll evoke the same level of sympathy from the national conscience as those who fought for civil rights back in ’65.
To get arrested might cost one a third strike and the state will tuck you away in a warehouse at indefinite further pain and suffering to you and your loved ones. It won’t be a cite and release like Martin Sheen at a Sudan protest. We’re not George Clooney and Daryl Hannah.
And if you still feel some kind of sit-in will help our cause, do you remember that whole Occupy Wall Street thing that spread from city to city to bring awareness about social and economic inequality around the globe? Well, neither does anyone else.
Let’s support wonderful people like Janice, ACLU and EFF do their thing until the slow wheels of justice right these wrongs.
One last thought: be an RSO is worse than it ever was to be black, gay, communist or a Nazi, though I am not sure it is much worse than being labeled homophobic, anti-Semitic or racist, all attitudes that not long ago dominated our culture. That in mind, maybe it will be possible to change the collective consciousness toward RSOs one day after all.
This here is rich:
http://www.theavtimes.com/2012/12/19/drug-house-raided-across-from-elementary-school/
This is possibly / probably within the 300 foot buffer zone from the Elementary School.
The timing is almost comical…. also, the article does not mention the Eye-in-the-Sky crime fighting drone.
The bottom line is this. No one should be prohibited from visiting a park, visiting a library, beach, movie theater, arcade, public pool or be prohibited from living in a specific/general area. These laws create hatred, fear in the community and are definitely unconstitutional. One of the Judges who overturned the Orange County Law stated is correctly. There would be no way anyone required to register in Orange County could go from city to city and know the laws? Its disturbing. Furthermore, no one should be prohibited from taking part in any Holiday Festivities. Now, can you imagine if these laws stayed in place? Truly. What would be next? Christmas? Your not allowed to go to the mall unless you check in with security? Or, maybe you wouldn’t be allowed to drive or leave your home at certain times? I believe there are cities back East requiring Sex Offenders to notify law enforcement if they are going on vacation or leaving town? Can you imagine? You and your wife might want to take a cruise, but you first need to contact the police? Maybe there might be certain places you can sit in when riding a bus or train? Or, what if you take a flight? Hmmm. As mentioned before, laws are meant to protect, but these are laws that go too far, meant to create hysteria and fear and as so many studies have confirmed, they create more harm than good. We need to continue to move forward and continue to file lawsuits when needed and also create an avenue to allow those sexy offenders that have been registering for forever to eventually get out the registry so they can no longer live in fear!
all these sex offender laws have to be thrown out and we should start all over again we shoud do it maw bwfore we go broke trying to suport the dam thing!where will all the momey come from to support this whold thing that is growing everry year biger anad biger and in 90 persent of the cases the offences are so small that its laughaable and to be hounded the the rest of your life for it is another story!s
I’m a RSO in Washington State. My supervision ends in September of 2014. After that, I may live wherever I want to, and travel anytime I feel like it. I do not have to tell anyone that I am leaving for a week. I never had a GPS device on me. I successfully completed the Sex Offender Treatment Program, and did well enough that I was called upon to help others. I was even invited to visit the prison and speak to the Community Transition class. Also here in Washington, the Legislature passed a law prohibiting localities from passing their own ordinances concerning where an RSO may live. While on supervision, there are restrictions, but once supervision ends, you are done with those rules. I will be obtaining my passport once I have enough money to do so. I can’t believe the laws that some states have enacted. How about passing some restrictions on these young drug-using/dealing punk kids who are constantly in and out of prison? Sex Offenders are quickly becoming refugees in this country. I will be able to register to vote this year also. I’m 57, so I’ve voted before. My same-sex partner and I are financially okay, and we plan to travel around the country, and perhaps to Europe, flying into a “friendly” country for admittance, then taking trains wherever we want to go. We will avoid states like Texas and Florida. My partner was in prison for a non-sex offense. It is time we work to repeal some of these laws, or else we will become a police state.
Become a police state? We’re already there my friend. Be on your toes traveling, do your homework and get permission from a consulate before going overseas. Each state has different rules, so be aware of them as you stay in one state or another. Just be careful, low profile, you know the drill. This site is a huge resource, so use it freely, send support as you can.