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Huntington Beach changes sex-offender ordinances after lawsuit [updated with video]

HUNTINGTON BEACH – The city has changed its sex-offender park ban after the law’s constitutionality was challenged in court. City Council members on Tuesday approved an amended ordinance that will allow police Chief Kenneth Small to write case-by-case exemptions to the sex-offender ordinance based on his discretion.

The change comes on the heels of a lawsuit filed by a convicted sex offender in October, naming Huntington Beach and other Orange County cities, which says the ordinances that ban sex offenders from parks and other public areas are unconstitutional.

Lake Forest, Costa Mesa and Seal Beach were also named in the suit. In December, Lake Forest repealed its ordinance. Full Article

VideoCity of HB Web Site – Archived Videos – Audio/Video – Agenda Item #10
Huntington Beach Independent
OCDA Press Release
KTLA – with video of OCDA statements referenced in comments

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Yeah, nice try but not good enough. How much do you want to bet that the police chief doesn’t grant any exemptions? Unless maybe it’s someone that’s a friend.

Actually, he will grant one or two, just to thwart any argument that he has a policy against granting them, and to bolster his argument that he denies permission for legitimate reason.


This makes no sense. Why would HB change their ordinance to reflect the Orange County ordinance which has been ruled as violating the state constitution?

Janice I’m thinking this may have been a planned move that would allow them to bow out gracefully without appearing soft on sex offenders. They are genuinely afraid of the liability they now know to exist and they know they will lose. Aligning with the county ordinance, that is following a path of failure along state constitutional issues as opposed to federal ones. So, they are holding (false) hope that the appellate courts will overturn the lower court’s decision and if not, they can at least show that they did not back down without being sued for civil rights violations.

Then again, I’ve watched footage of various council meetings throughout SoCal and even attended a few, and these elected officials rarely exhibit any form of critical thinking or thought progression on the issues brought before them.

Orange crow I mean oc ..Jim crow laws…george w. of Alabama also had so called “discretion”…president Kennedy
& attorney general Bobby Kennedy stepped in to stop that
discretion /discrimination ……this orange crow county discrimination is Alabama west… violation of civil rights…
human rights.

Huntington beach and that oc orange crow need to be sued
for millions of dollars…millions of dollars….

California RSOL is watching closely what is happening in Huntington Beach. The fact is that Huntington Beach has already been sued and their response to the legal challenge is to modify their ordinance so that it is similar to the ordinance passed by Orange County. They are doing this after Orange County has been successfully sued and a three-judge panel determined that the county ordinance is preempted by state law. It is difficult to believe that cities like Huntington Beach continue to believe the misinformation provided to them by the DA and his deputy. They are lemmings to the sea. If they would only hire an attorney who can conduct independent research and then listen to that attorney (unlike Cypress), they would not have done what they just did.

It sounds like they are asking to be sued.

If they are asking so nicely, seems a shame not to accommodate them.


Not sure if I misread it, but relating to the Cypress challenge, I found an article in the OC Register on that city’s issue, and something in the quote from the city’s attorney led me to believe he is a reluctant warrior. Carefully worded, but along the lines of “just following orders.”

The city attorney in Cypress recommended that the City Council not pass its ordinance during a council meeting. Frank and I were there when he said it and it’s part of the meeting minutes. It’s too bad the city did not follow his sound advice.

Orange crow corrupt county…no where…no where in the
Constitution are the peoples rights at the discretion or
permission of a public employee…NO WAY…oc…you’re
going against the Constitution civil rights & human rights…
orange crow county is not only an offense against history
but an offence against humanity.

Isn’t now a form of probation if a person has to seek approval of law enforcement to go somewhere?

I just watched the video of KTLA’s report about Huntington Beach. (It’s on the Huffington Post website.)

KTLA allowed the D.A. to state that “Whenever you restrict sex offenders’ movements, they’re going to sue. There’s a huge, um, lobby for them, they’re united, they’re, uh, organized and they want access to your children.”

There was no time given to the parties filing the lawsuit. The reasons why the Huntington Beach So ordinance has to be repealed were not presented. The sex offender issue is all about fear-mongering. It is about authoritarian zealots promoting a terrorist agenda designed to keep the American People terrified and paranoid about their communities and safety.


You are right of course. Keep the enemy nameless and faceless and just a threat. It is much easier to manipulate the masses that way and keep them in fear.

“United” “Organized” … WTF I only wish that were the case. They have deliberately made that difficult if not actually illegal for use to unite and organize BUT we are coming out of the shadows of shame they have forced on us.

We will no longer be seen as just a faceless boggyman in the dark. We will show that we have families, we deserve respect, and most of all we still have constitutional RIGHTS and we will sue to have them restored!

This has become a civil rights fight just as much as other minority group has had to do be treated fairly in America. LETS FIGHT

It’s political showboating. I didn’t hear them mention in the press release that the sheriff refuses to arrest any violators. I did see Tony indiscriminately label all sex offenders as “Predators”. I thought Susan kang schroeder’s comment that all sex offenders “want access to your children” was very inciting also. That’s like saying “All drunk drivers on Halloween want to run over your treat-or-treaters!”

Here’s a little article that shows how tough on sex crimes Tony is (not!):

I just do not understand this… after watching many, not all but many, of these City Council hearings over the past year and a half.

Lets assume, for arguments sake, prohibiting a taxpaying member of the public, not on parole or probation, from entering public places, funded by tax payer money, under threat of criminal prosecution for a past offense is NOT punishment. Lets assume that it DOES make sense and good policy to regulate someone’s behavior based on other people’s criminal actions.

Lets assume the above is all good and valid.

I still have not heard the OCDA cite one instance of a sex crime committed by a registrant in a public park. Not. A. Single. One.

Sure, there are repeat sex crimes by registrants. Sure, there are sex crimes in parks. But no overlap. None.

I cannot be the only one who notices that…

Please also note the oc da rep makes false accusations to reason
for restrictions …public officials are mandated and under oath to
support & defend the Constitution …clearly oc in violation…..its
public funded false and malicious propaganda accusations…
extreme deception to effect decision makers.

As far as the HB cheif of police to review on a case by case basis, it’s not happening. I am the lowest risk offender required to register. (2) misdomeaner convictions dating back to the late 80’s, never have been or am I at present on Megans web site. I inquired at HB Police regestration dept. Wends 1/30/12 and was told by the detective in charge they were activly not doing so. I was advised if and when they were to start, that it would be posted on their web site.

The action on January 22 was the first reading of the ordinance modification. It will have to have a second reading two weeks later, and then, if approved, will go into effect 30 days from the date of the second reading.

The second reading of the (modified) ordinance is on the agenda for February 4 (#9).

If it is approved at that meeting, the time to go down to the Police Department would be March 7th. By then the HBPD better have their procedures worked out.

Good luck – would love to hear back how it goes.

Sounds like California RSOL needs to visit Huntington Beach on Feb. 4 to educate them regarding what they are considering to do and the potential ramifications. Please join us!

Im wondering if we can have a MASS rso meeting at the beach in Huntington Beach. Then the cops will have to ARREST EVERYONE without a permit. We can turn around and sue then. Everyone will have a little money in the wallet after the law suit ?

Would love your thoughts, please comment.x