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Huntington Beach Parks Ordinance Moratorium

The City of Huntington Beach has declared a moratorium on its sex offender ordinance which prohibits all registrants from visiting public parks and beaches. According to a memo from Police Chief Kenneth Small, the decision was made due to a pending legal challenge against the City. Small stated that he expects “the moratorium to remain in place until the Court of Appeal makes a decision on the pending case of People v. Godinez.” A decision in that case is expected no later than June 2013.

“This is a good decision,” stated Frank Lindsay, California RSOL board member. He noted that the decision, which is dated January 29, was made public after seven people representing California RSOL testified before the Huntington Beach City Council in opposition to the ordinance. He also noted that the City’s decision for a moratorium followed a letter request from California RSOL to repeal the City ordinance.

Memo – Huntington Beach PD

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One domino at a time…

This just gets better and better… someone please help me understand.

Currently there is an ordinance (a municipal LAW) in the HB Municipal Code that states that no registrant may enter parks, with the penalties spelled out in plain English. Sometime the beginning of next month there will be a law in the HB Municipal Code that states that no registrant may enter a park without permission from the Chief of HB Police, with the penalties spelled out in plain English.

The Police Department is the main body of law ENFORCEMENT in the city, with the Chief of Police being the main representative.

Exactly where does it say that the Head of LAW ENFORCEMENT gets to SELECT which laws are upheld and which are not? Under the separation of powers concept the legislature MAKES the law (City Council), and the executive (Police) ENFORCES it. No questions asked. End of story.

Any insight is appreciated.

I would love to know just how many sexual offenses have been committed in this park that it makes it so special as to waste all this time discussing. Has anything ever actually happened there (other than get ready for it…some teenagers making out…in a park)!

Sounds like a total joke as ALL of these unconstitutional “laws” restricting lawful movement in PUBLIC spaces. I am a tax paying American Citizen and as such, I have the freedom to use any public space (including this park) that I have a desire to visit and that my tax dollars are used to maintain.

Until I am stripped of my American citizenship I will continue to utilize any public space I wish.

Arrest me – I dare you!

this is great and all but there is a county ordnance that over rides the city of huntington beaches ordnance.

The Orange County ordinance is preempted by state law and the Sheriff is not enforcing it. Therefore, county parks, beaches, harbors, and other recreational areas can be used by registrants until and unless an appellate court overturns a decision by a three-judge panel in Orange County Superior Court.

Leaving the legal arena and entering the financial realm, if you are a tax payer who is by law prohibited from using, as intended, tax payer funded amenities, you should be entitled to a refund. Anything to the contrary is akin to “taxation without representation” (wars were started over that one).

Where does one go to calculate such refund and apply for / demand it?

I think we need to initiate a class action suit in the name of all California RSO. If we are to be prohibited to access and utilize public areas then you are totally correct about the refund.

Janice can we do this? I am perfectly willing to be named in this suit or any other for that matter. I am beyond caring what anyone thinks of me. As my username states: I am “Tired of hiding”!

Please let me (us) know.

Thank you – Lee

@tiredofhiding … you are not tiring of hiding if you don’t use your true name as so many have on this site (yes, I am not one of them) but I don’t say things that make me pompous on the other side.

There is a time and a place for everything. When the time is right I have no problem using my real identity. Why on earth would do that on a website that allows anonymity? I am am tired of hiding but I am NOT A FOOL.

I have nothing to prove to you.

@Tired of hiding – whoa! and here I was beginning to think you are all bark and no bite! I must confess I have found, with your rhetoric, your moniker to be the most ironic of all. But I LOVE to be wrong every now and again.

Class action law suit? Not necessary. You can file one all by yourself. See Godinez vs. County of Orange and what has happened. Or the 2 John Does and Prop 35. Or John Doe and the 4 cities in Orange County (Lake Forest and HB among them). Or the Cypress Law suit. Those are only the ones listed on this site. Wonder who this John Doe is….

I am puzzled why not more people haven’t filed lawsuits. At this point it almost seems like shooting fish in a barrel. Who knows, you might even strike it rich!

Really? You call speaking ones mind and expressing ones self rhetoric? Humm, not exactly what I would call it.

The reason for numbers in a class action suit is SIMPLE.

IT is symbolic…easy as that.

Of course, any 1 person can do it…but if you will see what I have posted all of the time and over and over is that we HAVE POWER IN OUR NUMBERS that we are NOT USING!

If the rest of you want to keep the status quo fine. Let one or two people fight your battles for you.

@Lee – It takes a lot of time and a lot of money to establish a class for a class action suit. California RSOL is not yet ready to take this on, but we would be happy to cooperate with someone who is.

Janice then is it true that for the time being we can go to Huntington Beach’s Dog Park or any other public area in HB and all County Parks, Harbors , Pathways and Beaches ?
I am just not clear on this and I am not willing to take a chance Without a definite YES from an expert.
Thanks again for all your Help, You and the Staff of RSOL have given some light at the end of a very long tunnel.

For all its worth…I recently had a visit from two county sheriff SONAR officers they were very respectful. Yes I believe it’s their annual surprise visit. I asked the question what about all these Orange County and HB ordinances. His response was they are on hold because they are being challenged in court. I’m sure Janis can give you a more affirmative answer. It has not stopped me from going to these places…

The Huntington Beach Chief of Police has issued a statement that the “sex offender” ordinance in that city will not be enforced for an indefinite period of time and at least until the appellate court makes a decision in the Godinez case. As you may recall, a three-judge panel in Orange County Superior Court ruled that the Orange County ordinance is preempted by state law. Subsequent to that decision, the Orange County Sheriff issued a public statement that she is not enforcing the county ordinance.

Thank so much Janice, I am just so surprised and happy at the same time. It seems like when a law is passed it is never overturned. At the risk of seeming ignorant and redundant your clarification was well received. I truly appreciate your efforts.

Would love your thoughts, please comment.x