ACSOL’s Conference Calls

Conference Call Recordings Online
Dial-in number: 1-712-770-8055, Conference Code: 983459


Monthly Meetings | Recordings (3/20 Recording Uploaded)
Emotional Support Group Meetings

ACSOLCalifornia

CA RSOL CHALLENGES LANCASTER SEX OFFENDER ORDINANCE IN FEDERAL COURT

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.

 

# # # # #

We welcome a lively discussion with all view points - keeping in mind...  
  • Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  • Please keep the tone of your comment civil and courteous. This is a public forum.
  • Please stay on topic - both in terms of the organization in general and this post in particular.
  • Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  • Please take personal conversations off this forum.
  • We will not publish any comments advocating for violent or any illegal action.
  • We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  • Please refrain from copying and pasting repetitive and lengthy amounts of text.
  • Please do not post in all Caps.
  • If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  • We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  • We will not publish any posts containing any names not mentioned in the original article.
  • Please choose a user name that does not contain links to other web sites
  • Please send any input regarding moderation or other website issues to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 
26 Comments
Inline Feedbacks
View all comments

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… Read more »

I totally agree with you on this! Most of the public who overwhelmingly vote for these sort of restrictions don’t give two ***** about protecting children…what they really want to protect are their property values and if you read crap from real estate agents they have made it very clear that having sex offenders as a neighbor or even in your neighborhood will lower your property values. Now…just imagine if they said the same thing about a black family. No one would stand for it…but it is perfectly fine to discriminate against someone who is forced to publicly be branded… Read more »

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… Read more »

Yes, while on parole, sex offenders on parole in California are indeed prohibited from going to movies or to a mall, regardless of their offense or the current crime for which they are serving parole. In fact, at least in Orange County, they are often even told they have to be homeless, as I was told I would have to do. I had to live out of my van for the entire three years I was on parole, which I completed without any violations…well, other than the bogus violation when parole agents tried to claim I had gone out of… Read more »

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… Read more »

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… Read more »

I’m surprised they even let us ride a Bus in Orange County. It is owned by the government. It seems fair game for the D.A. to ban us from.

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… Read more »

True, true, C. While the wheels of justice are slow, they are churning. Seriously, a year ago, who would have dreamed of the City of Lake Forest repealing their parks ordinance? A panel of judges calling these ordinances unlawful? Cities like Simi Valley and Lancaster being sued in federal court? I am most impressed by Janice and her courage and tenacity. But a volunteer is only as good as his / her support. It still costs money to do these things, even if you do not get paid for your time and expenses, like gas and lodging. There are court… Read more »

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.

Unbelievable.

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… Read more »

Well, brace yourself. If, in the City of Lancaster, there is an arcade in a mall, it is indeed a crime to set foot in said mall. In 15 or 16 states that have adopted the Adam Walsh Act, you have to check in and out with police if absent from your residence for 7 days or more. Any kind of international travel requires 21 days advance notice with a full itinerary. In several states, out-of-staters visiting over a certain amount of time (like 10 days per calendar year) are required to temporarily register with the appropriate PD in that… Read more »

@Anonymouse – I see your school ban and raise you a ‘Senior Citizen Safety Zone’.

http://montville-ct.patch.com/articles/ct-aclu-looks-to-challenge-town-on-senior-safety-zones

Hah!

I did some checking on international travel. Disclaimer*: I am not a lawyer, so don’t hold this as definitive legal advice. As of July this year only 15 states are complying with the A-W act and CA doesn’t seem to be one of them. http://www.ncsl.org/issues-research/justice/adam-walsh-child-protection-and-safety-act.aspx CASOMB position on it: http://www.casomb.org/docs/Adam%20Walsh%20Position%20Paper.pdf This would indicate that if you are a Californian, and leaving the country for travel that no such notification was necessary. I was told by my local law enforcement, when questioning them about my registration renewal if I was out of the country at the time, to just let them… Read more »

I get confused over these issues like international travel. California has chosen not to abide by the guidelines set up by the federal government under the AWA regarding ‘registration’. That being said, doesn’t the federal governments requirements for travel supersede our states authority for such matters under the supremacy clause? I think we need better clarification on this matter. I would hate to hear about someone on vacation getting brought back to the states by a federal Marshall because the local law enforcement wasn’t familiar with the AWA.

It is a bit confusing isn’t it. Since the language of the law says that the registrant must inform their local LE, and since CA has not adopted the Adam Walsh Act, it doesn’t appear to be any need for reporting foreign travel plans. Some aspects of the AWA apply to RSO on a national level, some aspects are about state level conditions and reporting, and so would only apply to those states that accept it- the act does allow states the power to adopt or opt out of the act, so it shouldn’t fall under the supremacy concept. But… Read more »

@DZ – I should also point out that I am not a lawyer. My post was in response to Poster USA who is under the impression that there are cities back east that require registrants to notify LE when going on vacation or taking a cruise. He is painting some Orwellian distant future where such a thing might be required. My whole point was – that is standard procedure – NOT in the future, but NOW; NOT in a few cities, but in 16 whole states in this country – the ones who have so far adopted the AW Act.… Read more »

Good info. Maybe my intent was misunderstood- not saying it’s all roses and ‘not a reality’ here- I have kept up on the steady governmental & societal dismantling of my rights & attempt to reduce me to being less than human. I just wanted to point out that currently, it doesn’t appear a Californian has to inform their local that they are planning foreign travel. Sounds like we’re of like-mind on the whole thing. With all the different laws at all the different levels it can be very confusing to know what one is responsible for or not. Plus these… Read more »

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

The problem is that it is big business for the few: politicians, police, correctional system, independent contracting such as those making gps devices… these people make a ton of money off of this & get re-elected by being ‘tough on crime’ and ‘protecting children’. You’re absolutely right that the monetary burden on the public is debilitating and all for fighting a problem that isn’t there. The trick is convincing the public at large that this is reality, when they cling to the bogeyman-fear that’s been created to open their wallets & secure their votes. A slow battle.

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… Read more »

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.

26
0
Would love your thoughts, please comment.x
()
x
.