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Huntington Beach Votes to Continue Violations of Constitutions

The Huntington Beach City Council voted 6 to 1 in favor of continuing the city’s sex offender ordinance which bans all registrants from entering all city parks. The sole vote against the ordinance was cast by Councilwoman Jill Hardy.

A total of eight representatives of California RSOL spoke in opposition to the revised ordinance which, in theory, would allow registrants an opportunity to obtain written permission to enter a city park. No one spoke in favor of the revised ordinance, including no members of the City Council, because the ordinance was considered as part of the consent calendar.

“The City of Huntington Beach ignored the facts presented to them in a letter and in testimony, including the fact that only 1.9 percent of registrants commit a second sex-related offense, and passed a revised ordinance which violates both the state and federal constitutions,” stated Janice Bellucci, President of California RSOL. “The City has already been sued once and may be sued again based upon the decision they have just made. There are now more than 100,000 registrants in the state who have standing to sue the City.”

The revised ordinance adopted by Huntington Beach is similar to the Orange County ordinance which was declared unconstitutional and preempted by state law by a three-judge panel in November 2012. That decision is on appeal and a final decision is expected in June 2013.

 

Join the discussion

  1. USA

    Wow, this is truly very disturbing! First, I would like to say how grateful Iam for the hard work and dedication Janice does time and time again. Its very unfortunate that the City of Huntington Beach has chosen to ignore statistics and the trend other cities are taking with these unconstitutional laws! The bottom line is this. We cant win all the time, but the race is won by not those who are the swiftest or fastest, but those who keep running! In the end, the current lawsuit against the city will prevail and the only victims will be the taxpayers who have unfortunately put this council in their current positions. They obviously are unaware of the facts and lets continue to move forward!

  2. anon

    Nice to see that the city enjoys wasting taxpayers’ money. Perhaps come the next election the residents should look at new council members.

  3. Eric Knight

    Please ensure that monetary damages are included in every lawsuit filed against the cities. These people must be held financially accountable to their constituents as well as their insurance providers.

  4. Robert S.

    I live in Huntington Beach and it’s just absurd. Anyone know of a good lawyer I can contact?

    • anon

      Janice Bellucci. 🙂

    • Eric Knight

      @Robert

      That is Janice’s invitation for you to contact her. Potential plaintiffs are needed for lawsuits to be filed. If the reasons are personal, I will attest she will charge the fairest, most appropriate rates of anyone in the bar. (Yes, I know it may seem obvious, but it goes without saying that anyone in affected cities is always invited to contact CA RSOL for assessment to appropriate legal action.)

    • Janice Bellucci

      Robert, please contact CA RSOL directly (via E-mail) and let’s discuss options.

  5. A Friend

    Another major point they are proving the registry is indeed
    further punishment…harassment…discrimination …these cities
    are gonna have to payout millions of dollars…millions of dollars…
    really look what their public personnel has really done here…
    Proof the forced to be on listing is public funded discrimination..
    public funded harassment…public funded violation of civil rights…
    cities just proved the further punishment with the restrictions…
    millions of dollars ..millions of dollars.

    • anon

      Since they are proving that it is punishment, harassment, etc. could that be used as proof to challenge the existence of the registry itself?

  6. J

    A lie told a thousand times becomes the truth. The battle against ignorance is one of the hardest and most frustrating for many reasons. This vote shows the mentality of that particular group of politicians who believe they have the key to furthering – in not perpetuating – their political careers. Apparently this group doesn’t see the harm they are doing to children of ex-offenders. They have a cafeteria approach to constitutionality and certainly know where which side their bread is buttered on, that of the Tyrannic Majority.

  7. MM

    Interesting turn of events … What I write is true 100%.

    Today I called the Huntington Beach Police Department. I called looking to speak with the Chief of Police, voice mail, ugh.I hit ‘O’ for operator. Spoke to an officer on duty and asked the following question … “I’d like to apply for a permit to bring our dog the Doggie Beach” …. His reply … “What? … That’s an interesting question.”

    So, he needs to look into it as well as finding out if we need to apply for permit to have dinner at Rubys at the end of the pier. He was a kind officer and totally had no idea of what I was asking. He said they had not even had a briefing on what the new permit involved. I asked him to please ask the following questions … Exactly where was the boundary for the beach, at the shore, at the wall where the sand started … He had no idea.

    He also had no idea that the City of HB even passed the OC ordinance. With that … All my simpleton questions asked … He said he would look into it and call me back.

    He did. The voice mail I received, and I’ve saved it, said ….. (Paraphrasing) … ” after looking into your questions, we all received an email this morning (which he had not yet read) … That said … You have a green light to go about the City of Huntington Beach without fear of being cited. In our email today we have been instructed to not implement the law as has been passed because there seems to be some problems in the way the law has been passed.”

    I’ve got the voice mail. I still wouldn’t trust it as it has not been publicly announced … But, from my side, first hand …. HB knows there is a problem. And this started because I simply called asking about how I would get a permit for Doggie Beach in Huntington.

    Stay tuned, I’m sure.

    • steve

      So basically this vote was all for show.

      • td777

        Exactly….aren’t they all just votes for show, whether the laws get enforced or not. We know by now these laws have nothing to do with protecting the public, but instead, have everything to do with giving the public the appearance of trying to protect the public so the politicians can get themselves reelected, law enforcement can keep increasing their budgets, and both of them can keep using US as the scapegoat.

    • J

      The logical approach is for all 73K rsos to call HB and ask for permits since there may even be the most remote possibility they might want to go there on a vacation and just need to get the OK from the most high before a family vacation is ruined. That would underscore the lunacy of this “statute”.

      • Tired of hiding

        Excellent idea!

        But why stop there? Since that is a beach and often people go on vacations and to beaches how about having all 700,000 ROS call simply to inquire about how to get the permit as they are thinking of going on vacation to California with the potential of stopping by Huntington Beach for a swim.

        Might get some attention…perhaps even national attention!

        We need to get organized just like a union and use our numbers people!!!

    • Pedro

      wouldn’t it be great to play the voice mail at the next meeting and have it put into the minutes. talk about confussion!!!

      • J

        Actually you should play the voice mail on the televised news if you can do so on the condition of anonymity but that may be expecting too much.

    • VSPSV(S?)

      This is a good one, amazing and I bet the officer does not even live in HB.

    • J

      “…Without fear of being cited…”; does that leave open the possibility they will still attempt to make contact with you (pull over/detain?) The scenarios are many as both groups are aware and citing these virtually infinite scenarios are the best way to get HB to understand the work being done by the legislature is not to be undermined for a very good reason(s)… At the crux of this are echoes of the Jim Crow mentality and how far each and every jurisdiction went out their way to unwelcome those who had been freed of bondage by federal law. Can anyone iterate each of the constitutional violations is occurring with these ordinances and/or where I can find transcript that covers this in detail? These would be good to put into any requests – and there should be tens of thousands – to the chief so he can expand his purview beyond the parochial and narrow minded approach that is now being attempted? Focusing on the risk or behavior of the offenders didn’t make up any minds, now it is time to focus on the gross wrongdoing of each and every public official who is undermining state and federal law, and hold them accountable on every level.

  8. JM

    “Apparently this group doesn’t see the harm they are doing to children”
    I don’t know how or the logistics, but I would love to see a law suit filed on behalf of all the children who are victims and have been abused by our system.
    In some cases, the damage is so great, that the suffering will never end.
    No counseling is ever offered to these “victims”.
    Our grandson was just 7 when his father was arrested. He was also put in the back of a sheriff’s car, scared to death. His home was destroyed, his belongings taken, his trophy’s broken, he lost his home, he was forced to move to another state, he lost his friends, and any security. He lost his father, who was everything to him. He slept walked for over a year. He wasn’t allowed contact with his father (not even a card or phone call for three years.) He turns 17 on Friday, and still cries over the abuse. Yes, his father made a error in having contact with a young women under 18, but what these children endure is far worse then what the “so called victim” goes through.
    They also feel isolated by being restricted from visiting parks, beaches, etc. with those they love, their parents.
    I feel it’s time that this subject gets addressed!

    • Joe

      @JM – you should get yourself a lawyer… what is stopping you?

      • J

        Maybe trying to protect the anonymity of his children and family? In many cases, we’ve had to endure because of the specter of shame and fear that ourselves and our families would be even greater targets of online abuse and bullying at school. It is a catch 22 in any almost any case your are injured either way. Many of us have lost our professions and cannot afford to initiate these cases. I’m only speaking for myself.

  9. Eric Knight

    Maybe we should hold a party at the beach. Invited as many RSO’s as possible, and have them all call to get a permit. See who gets allowed and see who gets denied. Maybe hold the party on the weekend of the 16th or the 23rd.

    • CW Griswold

      In the interest of future legal action, I would think it imperative (!!!) to establish that the whole exemption system is bogus… the only way to do this is to apply for permits and document what happens. The OC Sheriff has stated publicly and in writing that she did not anticipate issuing any. The only pass I have heard of was given to a relative of an acquaintance of OC Supervisor Bates. If memory serves, the HB Chief of Police was more than uncomfortable with the whole waiver system back in 2011.

      There needs to be no reason for going to a public place that I can see. Just go to the beach, park, etc is reason enough, absent any policies and procedures. Every day, not just a weekend. Not just one location per day. Not just HB, but every city and county that has this ordinance with the waiver option in place. Its not like they can check that you actually went…

      The only thing to keep in mind is the calendar… unless modifications are different, the revised Huntington Beach ordinance should go into effect 30 days from February 4th.

      Kudos to MM for getting the ball rolling!

      • MM

        Thanks for the kudos, but none go to me. I simply went to the HB meeting on Monday night (like Janice, Frank and others), heard what they said and thought it would be an interesting phone call the next day to ask how my fiance and I can go to Dog Beach and how long it would take to get a permit.

        I actually think the officer found that particular request interesting … I believe they were only thinking “parks” and “beaches”, LOL!!

    • anon

      Sounds like fun! Everyone should invite a few out of state rso’s as well!

  10. Still sleeping in a van AFTER PAROLE!

    If we’re talking about having lawsuits filed, rather than those of us who are RSO registrants filing the lawsuits, why don’t we have our wives/husbands along with out children file the lawsuits? Then, instead of the 70K or 90K or 100+K(whichever number of registrants you prefer to use) and see that number maybe doubled or even tripled. After all, punishing us is one thing, after all, we’re the ones who were convicted, but these laws and restrictions are punishing our families far more than they are punishing us. My daughter, for one, is the one who has to find a way to heal from being deprived completely of her father for four years, even though three of those years I wasn’t in custody. My wife and daughter both have to deal with me not being able to live with them because police have threatened to arrest me should I move back in with them. And while I was on parole, my wife was assaulted by a former neighbor’s boyfriend, something that would not have happened if I had been allowed to be there with them. Also while I was on parole, someone in a drunken stupor broke into their apartment and passed out naked on their couch in the middle of the night, again something about which I was completely unable to be there to help. And there are other things that happened as well, which, had I been allowed to live, or even visit, there while on parole could have been prevented or at least been able to be there to help them through bad situations.

  11. JM

    @Joe…
    It should be a class action suit on behalf of all the children in this state who the state has abused. My grandson can not be the only one. There are most likely thousands and thousands.

    @J…I agree, fear is what keeps most people from speaking out. We all want to protect our loved ones, especially the children. It’s a catch 22, but there has to be a way to bring this to the forefront and to educate people on what happens to these children. After all, they should/do have rights. And these city council members need to be reminded of that.

    In our case the judge ordered visits, but the parole dept. wouldn’t allow it.
    Instead of being able to see his dad, he was sent to live with a man (Mom’s boyfriend) who had a baby. The baby was the result of him getting a 15 year old pregnant. He was never charged with a crime.

  12. MM

    @joe … What’s stopping him?

    Could be many things … First, my guess would be the money it takes to file a lawsuit. I mean NO disrespect to registrants but I know first hand (my fiance from a charge in 1987, when he was 19) how difficult it is for a registrant to find work, let alone getting a job that pays enough to fight the system. Most are trying to just get by.

    In my opinion, that is why so many just fall away, disappear not to be heard from again, become transient or worse … They just do what they must to stay in compliance. For my fiance and I, fortunately … We are able to fight a little harder than most (thank you to my papa who passed away, unexpectedly, on 11/26 and left me a little nest egg.). We’ve chosen to use some of that money to fight the good fight! Many are not so lucky … Simply grateful they have a job. But, if those of us that have the chance to make a difference one city at a time … Maybe it will help the group as a whole. It takes a village, and we are a ‘village’ of sorts.

    @J … Yes, I also believe it is to protect their family. Yet again, we find ourselves in a different situation. We have no children under the age of 21 … And they are aware of the situation. Yes, they have their friends to explain things to, if they even know ……..

    It’s a tough deal anyway you slice it …. But, we are fighting … One city at a time. Peace to all during this difficult time of our lives.

    Positive note: NONE of these lawsuits or issues would even have been plausible a few two/three years ago!

  13. A Friend

    This orange crow-ty city is wasting massive amounts of public
    funds on this particular matter…public personnel making very
    bad and wrong decisions…the Alabama west rep knows its not
    those on a listing for the next “sex” crime (if really there was one
    in the first place)…its the school teachers school coaches that are
    in the news weekly & daily for their student sex…no jail..some jail…
    the orange crow should really say there would probably be no
    listing if they were school teachers / coaches.

  14. VSPSV(S?)

    http://www.simivalleyacorn.com/news/2013-02-08/Front_Page/Judges_Facebook_activity_scrutinized.html#

    This goes back to Simi Valley. This person voted to make a law to “Brand” people; (quote from the Acorn: It’s not like we are branding them, they are araedy branded).
    According to the Acorn, he said he and his friends are ALPHA and we look at these kind of things, but I don’t make a habit of it. Imagine for yourself. Also saw some ALPHA’s at the HB meeting behind the big table in front of me. Imagine that, making laws. I have been very perplexed all week wondering what kind of prayer was said, an actual somekind of prayer; sounded very good but I am glad I did not say AMEN to it. A prayer was said over thier AGENDA that continually harms a person. I guess thats the compassion towards your enemies part. I do not think they should be saying a prayer since my observation tells me that they do not know the story of Ruth, a very simple example displayed by the Son.

  15. VSPSV(S?)

    Just needed to make a correction, its not the story of Ruth rather just a story of a woman in a unfortune situation. Never the less they need to follow that example or do not pray at all before the meetings.

  16. JD

    I will never understand why imperfect people judge over other imperfect people. EVERY one of earth is fallible. A drunk driver can get massacre and entire family in one night, and in 10 years their SR-22 falls off their record and their able to do it again as if it was the first time. Or a Murder who shoots into a crowd makes a plea deal and gets out and all he gets ins a strike on his record. But sex offenders, they are pretty much looking over there shoulder EVERY day wondering who is gonna take them out for seeing their mug on a web site that only has what they are convicted of and not the full story. People in this country are overly paranoid of their neighbors because of these kind of laws and it get people hurt and im some cases killed from people playing vigilante and feel they are gods gift to cleans they earth. This is getting WAY too out of control.

  17. RSO wants to make a call

    “all 700,000 ROS call simply to inquire about how to get the permit as they are thinking of going on vacation to California with the potential of stopping by Huntington Beach for a swim. ”

    sure what the phone number and I ll call..

    post it here as well so everyone can see it ..

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