California RSOL filed a lawsuit in federal district court on May 2 challenging the sex offender ordinance and sex offender registration process in the City of Santa Ana. The ordinance contains presence restrictions including a prohibition of registrants using the city’s public library. The registration process requires all registrants to register inside the Santa Ana Jail for periods up to four hours as well to wear a prison uniform. Registrants are not allowed to leave during the registration process and are prohibited from using cell phones or any other communications devices during that process.
“The City of Santa Ana is robbing registrants of their constitutional rights,” stated CA RSOL President Janice Bellucci. “Not only are they prohibited from participating in most recreational areas in the city, they are not allowed to acess public information in the city’s library.”
CA RSOL testified in oppositing to the ordinance at a City Council meeting in June 2012 prior to its passage. In addition, CA RSOL wrote letters to the City Council advising them that the proposed ordinance violated both the federal and state constitutions.
“It is indeed unfortunate that the City of Santa Ana failed to heed the warnings provided by CA RSOL,” stated CA RSOL Treasurer Frank Lindsay. He noted that the 10th Circuit Court of Appeals declared unconstitutional a similar ordinance in the City of Albuquerque. As a result of that ruling, the City of Albuquerque paid the ACLU more than $1.5 million in attorneys’ fees and costs.
The lawsuit also alleges that the registration process for registrants within the City of Santa Ana violates the 4th amendment of the federal constitution because registrants are falsely imprisoned when placed in the Santa Ana Jail. City officials have stated it is necessary to register sex offenders in the jail because that is where registrants are to be photographed. When registrants are wearing jail uniforms, their photographs are taken and those photographs are later posted on the state’s Megan’s Law website.
“Photos of registrants wearing a prison uniform give the false impression that they are incarcerated,” stated Bellucci. “This blatant disregard for the truth must be stopped.”
There are three plaintiffs in this lawsuit — John Doe, Jane Doe and CA RSOL.
If all of this registration, restricted access to community services and facilities, and plastering your photo and address on the internet for everyone to see (and target you) was available in 1937, there should be no doubt in anyone’s mind that HITLER would have gladly used it on the Jews. This is just more of the same – state organized hatred. Also, if society still thinks that all sex offenders are likely to recommit then they should be protesting for the CDCR to take more steps towards rehabilitation instead of warehousing. I did 18 years (straight) and was never even offered any rehabilitation.
Fortunately, I register in Anaheim as a transient(yes, that means 13 times a year…and they say it’s not punitive!). I registered this morning in fact…in and out in about 20 minutes. Santa Ana should be held fully accountable for this. Does anyone know if Santa Ana is still doing this since the lawsuit was filed?
What’s the latest on the Santa Ana suit?
I assume it had to do with RSOs, even those NOT on probation or parole, being taken down into their jail (A de facto in custody setting, as you could not just leave anytime you wanted) for the registration process. Which, from the time you got there, took 2-3 hours most times.
Not to mention that they MADE you dress in jail clothing (a top anyway), as if you were in custody, to have you picture taken.
That was bad enough, but you couldn’t even wear a tee-shirt under it and had to put on one, from a pile of just 4 or 5 in different sizes, that who knows how many other people (they did arson, drug offenders and SOs all in the same groups), with who knows what level of hygiene, wore bare skinned before YOU. Pretty gross.
I have had to register in Santa Ana, since moving to the City in 2000. Everything that is said here about their overbearing methods is true on my experience. I am considered a low-risk offender and my misdemeanor case has been dismissed years ago.
Up until last year they used to send 2 to 4 police officers to my house every four months, in between my Registration date. The said they were checking up on me to see if I really lived there. Sometimes they were quick and easy about it and other times they were real pricks about it. One officer threatened to arrest me on obstruction charges because I was sleepy from being woke up at 7 am to answer the door for them. I didn’t answer the questions FAST ENOUGH for them. Then he asked to come into my house. I felt compelled to do it. They looked around and stayed in my house for several minutes deciding whether or not to call for back up. They finally left with out any incident. I can tell you I have been Extremely unhappy with Santa Ana PD about this process. I am not on the Public Registry on the Internet. I have to answer questions to my friends and neighbors about the goings on of all this. I am a low-risk Offender. My Time as a RSO has been 20 years now. I am so very sick and tired of it.