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ACSOLCaliforniaGeneral News

CA RSOL Challenges El Dorado County Ordinance

California Reform Sex Offender Laws (CA RSOL) filed a lawsuit today challenging the El Dorado County ordinance that prohibits all registrants from entering the county’s parks, schools and other areas where children congregate. The lawsuit requests that the court declare that the ordinance is unconstitutional and prohibit the county from enforcing that ordinance.

“It is important to stop the El Dorado County ordinance as it prevents all California registrants from visiting most recreational areas at or near Lake Tahoe,” stated Janice Bellucci, President of CA RSOL. “The ordinance also prohibits registrants from accessing information because they cannot enter the county’s public library.”

The El Dorado County ordinance, which was passed in February 2012, also prohibits registrants from being present within 300 feet of parks, schools and other areas where children congregate. As a result, registrants may not lawfully enter businesses near those locations.

The lawsuit alleges that the ordinance violates the First, Fifth and Fourteenth Amendments to the U.S. Constitution as well as the California Constitution. The sole plaintiff in the case is a registrant who resides in El Dorado County. In the lawsuit, the registrant is currently identified as John Doe. The court will later decide whether the plaintiff can continue to use a pseudonym in this case.

Join the discussion

  1. Joe

    Go CA RSOL!

    One cannot help but wonder, though, why these legal challenges are so few and far between. Given the fact that these ordinances have been around for a while now and they are all very similar to each other, that they all rely on the same legal concepts and documents (US, CA Constitutions, Bill of Rights, CA Penal Code, etc) in their challenging basis, and the fact that there have been several so for that have been rather successful – how come not every single one of these ordinances is challenged in court? There should be some cookie cutter efficiencies at this point.

    Where is the lack? Funds? Local plaintiffs?

    • Eric Knight

      Money. Simply, lack of money, coupled with a universal hatred toward anything that has to do with sex offender issues which precludes conventional fundraising efforts that virtually every other group is able to pursue.

      No money, no cases. Janice has expended a lot of money to file and litigate these cases, probably up in the tens or even hundreds of thousands of dollars. Hit the donate button, or fill the coffers at the sex offender collection basket at the next sex offender meeting in your area.

    • Janice Bellucci

      There are multiple reasons more lawsuits haven’t been filed. Joe named two of them — lack of plaintiffs and lack of funds. There are more than 300 ordinances passed by cities and counties that need to be challenged. If there are individuals who are willing to serve as plaintiffs, please contact me by E-mail at jmbellucci@aol.com. Donations in support of this good cause are always welcome!

      • Tired of hiding

        Count me in. I have emailed you my contact information to you.

        I am perfectly willing to fight in any way possible for myself and others who continue to suffer injustice in the USA!

        • Janice Bellucci

          Thank you! We need more people like you who are ready to Show Up – Stand Up – Speak Up!!

        • mh

          Believe me, it feels empowering when you finally stand up and start taking an active role. We may not be able to effect change overnight, but together, we can affect change over time. It feels great to be part of the CA RSOL and fight alongside logical and fair-minded people. If you can, why don’t you join as at the Capitol next time we setup a lobbying campaign? The more people we have down there, the better.

  2. Robert Curtis

    Can’t the sex offender registry be used to recruit plaintiffs? If every registered California EX-sex offender would donate just $1 to their own cause with CA RSOL. We would be knocking holes in the sex offender registry in a major way.

    I understand registrants (myself included) are afraid but it’s time for us to get angry and engage, engage, engage where ever and however we can. If that means writing a letter to our leaders or a check for a few bucks to RSOL then so be it.

    Me? I’m NOW a bit more out there, but I wasn’t at first. I was afraid to do anything but then they told me I couldn’t be with my son in a park! Excuse me?!?!? I saved my son’s life twice in a public place because I was there to do so!

    That ladies and gentleman got me involved in a major way. Attack me? Okay, I’m a big boy. Now these laws disallow me (others like me) to be there to save my child’s life for the third time? The hell with fear of what people know or think about me. THE FIGHT IS ON!!!! Everyone has their PUSH POINT. Mine ladies and gentlemen is at the point of putting my children in danger.

    It is a parent’s God given right to be with their child in public places. IF you agree with me on this THEN do something, ANYTHING. Where is your PUSH POINT? Don’t wait as I did for the wolf to come knocking on your door before doing something! Thank God RSOL was there for me! If you have questions use these professionals at RSOL and go to a meeting sometime. They’re there for you and your family. This old soldier’s way of seeing it…”we are in this together but together WE WILL make a difference!”

    • td777

      I can relate oh so well. On a trip to the central coast, I saved my daughter’s life when she was a year old while in the motel. She had rolled off the bed while playing around and landed face first on the floor, knocking the breath out of her and causing her to pass out before she could catch her breath. I had her breathing again within 30 seconds, saving her from any brain damage and death. Now, I can’t even go with her on such a trip or even live in the same home because I’ve been forced from the home by these restrictions and a pending threat by DCFS to take our daughter away if my wife allows me to move back in.

  3. Kathy G.

    There are some very good points in favor of uniting and “showing up, standing up, and speaking up” presented here. I would like to add that if we remain in hiding people will not be able to see that we are “normal” people with normal needs, wants, beliefs, fears, etc. And NOT the monsters, and monsters mates/families, that the media, law-makers, advocate groups, and on-line-haters have painted us to be!!!
    If registrants unite, and their families unite, and we all work together we will have power and a voice. We will also have emotional support from each other. And if we would ALL donate, even a small amount, we could “move mountains.”

  4. USA

    Surreal. Here is one of the main problems with these laws! What if I we t from California to El Dorado County? How would I know this law existed? Could I visit the lake? Could I boat? Water ski? Swim? Could I sun bathe? Then, what if I needed to visit the library to research the area? Could I visit a museum that used to be a library? Surreal!

    • alert

      I imagine these laws are mostly in place to handle complaints of lewd or suspicious behavior. However, I would keep an eye out for hovering drones.

      • Bluewall

        Yeah, its just added weight to hold against you if you commit a crime there with a SO background and they can announce to the world that their law protects everyone

  5. l.collins

    i think its so hard for the families too. Those of us who have children. To me its a way to lesson ones family because we are trying to live a normal life and have our kids grow up in a good society with us involved. My husband has been on the list since 19 and its been 20 years now of good behavior and is nothing like what he was at 19. We are role models for our children and also a huge part in their lives and just want to be able to take the kids to pools or take the children to the library. We have a straight A student who uses the library a lot. To me…this takes away from being a productive part of your kids lives. A murderer can get out and go. I know that ppl are scared. But there are many of us who are just trying to lead a life that our kids can look back at and know their parents were and are there to support them. Isnt that taking the rights away from our kids too? I get why laws are put in place. Its to protect. I know that we want laws also. But this is taking away from our Constitutional Rights.

  6. mch

    I think that RSO’s with children or grandkids need a new law drafted that allows them to have full access to all school, public, and/or church functions that their kids are involved in…after all, IT’S FOR THE CHILDREN! The “for the children ” laws always seem to get passed. Do we have any brave legislators in this state?

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