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Orange County Ordinance Legal Battle Continues

The Court of Appeal will hear oral argument in the Hugo Godinez case on July 22 in Santa Ana. At issue in that case is whether the Orange County ordinance which prohibited all sex offenders from entering public places such as parks, beaches and hiking trails is preempted by the state constitution. The court’s decision is expected within 30 days.

The Orange County ordinance, which was passed in April 2011, is currently not in effect due to a decision by a three-judge panel of the Orange County Superior Court.

If the Orange County ordinance is declared to be preempted, it will share the same fate as ordinances in three cities in that county — Fullerton, Irvine and Tustin. In addition, the sex offender ordinances in Lake Forest, Lancaster and Palmdale have been repealed by those cities. Further, ordinances in cities such as Huntington Beach are currently not being enforced as they await the pending court decision.

“The repeal of sex offender ordinances in Orange County and elsewhere are important steps toward restoring the civil rights of sex offenders,” stated CA RSOL President Janice Bellucci “We will continue to work toward restoring civil rights through education, legislation and litigation regardless of the decision by the Court of Appeal.”

There are currently more than 300 ordinances passed by cities and counties that restrict where a registrant may reside or be present in California. A positive decision by the Court of Appeal could affect some or all of those ordinances.

Join the discussion

  1. td777

    Janice, you’re definitely in my prayers on this!

  2. ehcottrell

    Thank you for all your work and for disseminating this important information. I look forward to a positive outcome from the Court of Appeals.

  3. Robeert C.

    Does any one know what time the oral arguments are going to be heard?

  4. Alienated

    Monday is just around the corner and I for one am a little nervous about this upcoming case. I can’t help but think that since the Doe vs Harris decision did not go our way that it might some how weigh on this case. Does anyone know if this will affect the judges decision on Monday or if it has any relevance ? I would appreciate some insight from anyone positive or negative. In the meanwhile I will just hoping and praying for victory for our constitutional rights.

    • Joe

      I think somewhere on this site one of the comments said that oral argument in this case was postponed indefinitely. I cannot find it now and do not want to start any rumors, but that is my recollection.

      • Janice Bellucci

        Yes, the oral argument was postponed in this case after the City of Tustin requested an opportunity to file a brief. We don’t have a new date yet for oral argument.

  5. A FRIEND

    No…this is completely different ruling by the panel of
    superior court judges.

  6. A FRIEND

    The panel of judges said it was illegal ….that’s the correct ruling.

  7. Bluewall

    I’m not a legal expert here… But what if this goes on hold indefinitely? like it was swept under the table and everyone acts like the law never happened, but its still on the books…

  8. A FRIEND

    The panel of judges and even the orange county sheriff say un- enforceable …
    hence why some are wasting taxpayers time & money to appeal…orange
    county panel of judges say illegal …appeal has time limits…isn’t
    that what they tell everyone else ..??….illegal ordinances ruling
    stands…nothing can say otherwise.

  9. Michael

    I am so glad, what with budget cuts and prisoner realignment, that the DAs office has the money and resources to continue to waste on this solution that is looking for a problem.
    In OC every law enforcement agency, when asked by it’s city council before they passed these laws, said that they have little to no problem with RSO re-offending in parks.

    A better law would to make offense in park areas a sentencing enhancement. If you’re an current RSO or not.

  10. Bluewall

    So I went to a park in Orange County with my sister and nephews.. Sat on a bench with my sister just enjoying the weather and small talk.. Nephews running around the swingset… and a cop car pulled behind my car (street parking) and sat there for 10 minutes.. My heart just stopped, I was digging around my jacket for my car keys to give to my sister if I got locked up, so she and my nephews got a ride back to their house… and the cop car just pulled away… it was a frightening experience, but I wasn’t questioned or handcuffed, hell the cop never left the car…

    • Fish_In_A_Net

      No worries Bluewall, your car at the park just means your car was at near the park. My family members use one of the cars registered to me to go many places and just because my car was there does not mean I was there.

  11. Bluewall

    From all the sources they say currently The Law can not be enforced for now.. but really it was tempting fate when I went sunday with my sister…

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