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General Comments August 2013

Comments that are not specific to a certain post should go here, for the month of August 2013. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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  1. Ron

    What is happening with the stay on California’s Proposition that would require RSO’s to disclose their internet ID’s and passwords? Can they ask who my internet provider is? Where can I find a copy of the court’s order? If a County violates this order, what are the consequences? Thank you for your efforts.

    • Janice Bellucci

      The judge in this case issued a Preliminary Injunction which still stands. As a result, law enforcement cannot lawfully request/demand that you provide them with information regarding your internet identities.

  2. JWM

    Ron , Do a search for prop 35 on this website and you should find the answer to your questions

  3. DavidLM

    How exactly does the San Diego mayor, touch a women’s tush over clothes and say… I’m gonna go get therapy and I’m not stepping down as mayor! I did something similar while drunk in 2002 and got charged with CSC 4th degree and am a registered sex offender until 2025.

    I don’t hear anyone calling him a sex offender. They call it sexual Harrassment! Really?? I’m a tier two sex offender and he’s mayor.

  4. Joe

    Did anyone else get an Amber Alert via txt msg last night?

    As a parent and decent person I of course think that the public must help in finding kidnapped people, especially kids. Putting information on the signs on the freeway close to the site might be a good idea, especially if done in a timely fashion. Unless, of course, those big signs distract drivers to the point of causing accidents and harm. Oh well.

    But what is the point of last nights alert? I just found out this was a blanket message to all cell phones in the state? http://www.latimes.com/local/lanow/la-me-ln-amber-alert-california-angry-20130806,0,2233972.story. I am asleep on my sofa at the time! I have never heard of Boulevard California (is that a town?). Apparently it is. I know this now. It is also hours and hours from my house. Where, mind you, I am sound asleep! What am I to do with this information???

    All the other well meaning warnings. Amber Alerts statewide. Global terrorist warnings. National Registries. Stuff like that. When have we become so afraid?

    The point of my rant is – what is the point of all of this? Make us all afraid and distract us? Of what? From what?

    • JB

      You nailed it.I asked a right wing friend of mine recently when it became American to be so damn afraid of everything. He just looked at me stupified and stammered something about”freedoms.” Fear is how they control the masses and its been working quite well.

      • Joe

        No kidding… remember the (para)military show of force after the Boston Marathon Bombing? Chasing 2 kids with a crockpot. Find some of the home searches on youtube. The very same day I read about at least one mass shooting that cost more than three persons their lives. Did not read how many other people got killed with firearms or died on the highway or slipped in their bathtubs.

        At the risk of repeating myself, I posted this on another article. I find it very fitting. Brilliant TV. Sadly only TV.

        A sappy TV Show, I know I know. But it struck a chord.

        http://www.youtube.com/watch?v=1zqOYBabXmA

        3:10 ->

    • Anonymous Nobody

      I was just coming here to post about this. This is a new system out now that will send such Amber Alert messages to ALL cell phones in the target area. This goes to you whether you want it or not — you shave to specifically figure out how to opt out in order to stop receiving them.

      http://www.latimes.com/local/lanow/la-me-ln-statewide-amber-alert-20130806,0,1622380.story

      I have had very dubious feelings about the Amber Alert system from day one. I have figured this was little other than propaganda. They always say it is to catch all the child kidnappers we “know” have been coming out of the woodwork. But the info on those freeway messages is normally too little to even be helpful, and definitely does not tell what is going on — so everyone presumes that yes, we now have another child kidnapper, can’t we just kill all those sex offenders. I’ve only even heard of one case where the Amber Alert was even helpful in finding the suspect.

      Mind you, these alerts on the freeway don’t even say whether its a child kidnapping. And if it is, they certainly don’t ever let you know if it is actually a custody dispute, not some stranger kidnapping a kid off the street (which happens on average only 2 times per year per state, with no change in that average going all the way to to at least 1970).

      Now they are really pushing the propaganda, forcing it to you on your cell phone whether you want it or not. They will force everyone to keep seeing these over and over again until they KNOW that sex offenders are running wild and threaten everyone — that they are coming out of the woodwork more than ever before. How is anyone supposed to get people straight on the reality when they are constantly messaging people on their phones with official and scary Amber Alerts!?

      I didn’t see that one yesterday, but I’ll bet those who did have no idea if this was actually a custody dispute, with some guy getting his kids the only way he is able to. Or some other situation. And I’m sure it didn’t tell them that even if it was an abduction by a stranger that that happens on average only twice per state per year, so that this one is a very, very, very rare occurrence. (I picked up on that custody angle years ago with the pics on the milk cartons. Here in California, they actually included names, and I came to realize that for the great majority of them, the suspect had the same last name as the “victim.” But back East, I found they ran the pics and alerts without the names, so those people had no way to realize!)

      I think someone (but RSOL has other priorities, can’t get bogged down in everything) should push to have this changed to opt in rather than opt out! Just like they have forced the banks to do — they used to make it so you had to opt out if you didn’t want the service to protect against bouncing checks, for a fee. If they must do these cell Amber Alerts, they should only be for those who opt in — everyone else is simply being hit as a target to manipulate with propaganda.

      • mh

        We got that pesky Amber Alert last night on our cell phones, complete with an alarm akin to a reactor leak on a nuclear submarine. Scared the daylights out of us, we thought somebody must have started World War III. My wife freaked out, asking me what it was. After we got the dumb things to stop making noise, I told her that it was probably somebody desperate to see their kids in a custody battle. (Actually, CNN had a report, this time it probably is serious if you have a chance to check it out.)

        However I agree totally, with you. The chances of anyone being “alert” enough AND in the right place at the right time to recognize one of the vehicles in the Alerts are so slim that all it really does is perpetuate the fear and panic.

      • Joe

        “an abduction by a stranger that that happens on average only twice per state per year”

        Do you have a source for that? On the other end of the spectrum, here is an opinion piece written (authored) by a State Senator (!), problem and solution in two paragraphs:

        “According to national statistics, approximately 2,000 children go missing every day. About 58,000 of these cases annually turn out to be non-family abductions. In these cases, the child is killed or never recovered nearly half of the time. While it is not my intent to frighten or alarm people by citing these numbers, these statistics speak volumes about the exposure and vulnerability of children in our society.

        Earlier this year, I re-introduced a legislative package aimed at making our children safer. One of my bills would ban sex offenders from living within 1,000 feet of a school, preschool, day care facility or public playground. The measure would also prohibit sex offenders from living within 500 feet from a school bus stop.”

        http://bethlehem.patch.com/groups/politics-and-elections/p/boscola-ban-sex-offenders-from-living-near-schools

        Busting out my trusty calculator – 58,000 kids per year abducted by strangers, nearly half (25,000) killed or never recovered -> that is 500 children per year, almost 2 children per day, lost and / or killed (!) by a stranger, in every single state in the nation (WY to CA).

        This is not Joe Sixpack’s opinion. This is from a State Legislator! Why do these numbers get to stand without challenge? If this were the school district budget for the upcoming school year, every single line item would be challenged.

        What it is it with people and their need – is it a need? – to just nod their heads and bleat like sheep when it comes to this topic?

        • Anonymous Nobody

          That’s a statistic I picked up several years ago, from a law newspaper quoting FBI statistics as I recall. Frankly, it sounds right to me, and the 58,000 sounds preposterous, not even close! If that many kids were being abducted by strangers every year, that alone should make for one hell of a lot more than 100,000 registrants after 66 years in California alone, not even including all the other offenses that are subject to registration! If that many kids were being abducted every years. everyone would know someone or several kids who had been abducted. Otherwise it would mean that millions of sex offenders are still running wild out there, never caught! I’ll bet that Legislator is getting his “facts” from some very unfactual sources, and is either intentionally seeking to manipulate or is not worthy of his position as a legislator.

        • Anonymous Nobody

          Joe: I just did a quick, lightweight Google search to see about providing a specific link to the figures. I might find something more specific if I pursued it more, however I did find FBI statistics that go right along with that 2 per year per state average.

          The chart in that clearly shows no more than two, and often well fewer than two, non-parental abductions by strangers, without any ransom sought, per state on average since back to 2000 (my previous information actually came from pre-2000, and it was as stated above). Look under “Timeliness of Child Abduction Investigations” in this report. And read it in context, with the FBI saying it automatically must investigate every child abduction in the country, and thus these figures are all of them:

          http://www.justice.gov/oig/reports/FBI/a0908/chapter3.htm

          The year with the highest number had 106 child abductions by strangers without ransom sought out of the 50 states — and that’s just about 2 per state per year on average. The year with the lowest had 77 out of the 50 states. I note, they do not list in that chart the child abductions for ransom — but it is not pertinent to our discussion, since the ones without ransom would be the only ones of abductions for sex — yet even some of those might not have been for sex, as people can have reasons, strange or otherwise, other than sex. I also note, they do not list child abductions by family members other than parents, nor by family friends — unless that somehow got including in the “strangers” figures or the “parents” figures.

          I note, missing children and abducted children are two different things. You might have the Legislator making a lot of presumptions that any child reported missing was automatically abducted by a stranger, when in fact the child simply got lost at the mall and was found a couple hours later, never abducted at all, or maybe the child and a friend simply went on an afternoon adventure without telling the parents first.

          According to that chart, even including the much greater number of child abductions by parents, the year with the greatest number has 371 — again, for the entire year. So, consider that 2,000 per day figure that legislator is spouting. Perhaps you want to confront him with this FBI report.

          And note this paragraph out of this report, specifically stating that the FBI finds that child abductions by strangers RARELY occur (hey, 2,000 a day is not a rarity!):

          “According to a 2002 federal study on missing children, 99.8 percent of children reported missing were located or returned home alive.80 The remaining 0.2 percent either did not return home or were not found. The study estimated that most of missing children cases involved runaways from juvenile facilities and that only an estimated 0.0068 percent were true kidnappings by a stranger. The primary conclusion of the study was that child abductions perpetrated by strangers rarely occur.”

        • mh

          I like these numbers! Fiction can be fun…

          There are about 800,000 registrants in the United States. Everyone thinks that every “sex offender” has molested at least a half-dozen kids. And of course, the ones who are obeying the law and updating their registration are the ones who we can’t trust.

          Now, if 58,000 kids are going missing every year, picked up by dangerous “sex offenders”, then each child must be getting abducted, molested and/or killed by at least a cohort of 13 “sex offenders” or so. So instead of 1 sex offender with several victims, we have victims with 13-14 perpetrators each. Maybe that’s why they don’t allow registrants to view the Megan’s Law website? It would be hilarious if some stupid politician started citing numbers like this ins support of legislation designed to keep registrants from living within 2,000 feet of each other, or something like that…

  5. Randel

    Can you be fired if your employer finds out you are a registered offender?

    • DavidLM

      Heck yeah! I worked my most my adult life for one company until they found out and fired me. The notification process makes employment oppritunities very difficult and its designed that way on purpose. The registry doesn’t clearly state my crime was a high Misdomeanor. The general public has been trained to hear the words sex offender and think… Child rapist that’s gonna kill and will reoffend any minute.

      Some of the general public isnt smart enough to use a registry. I’ve had people find out about my past and half a dozen people started lying saying I was a child rapist and others just follow along without researching. The media knows this and so does politicians, they just don’t care!

      They say…. O the poor mis understood sex offenders. I read and study this because I live it and I know so many people on the registry that don’t belong on the registry or the life long oppression just from doing a google search every evening before bed and reading the new sex offender news.

      Support groups exsist for us and many great sites collect very valuable information regarding sex offenders. Google search sex offender blogs and look at the blog rolls and sex offender support groups. We must all start speaking up so lawyers, media and politicians realize we are human beings with families and children. I raised my children with the sex offender label by myself and have grand kids now. That was before all the lies and what I call the biggest reality show ever in America. The sex offender!

      • Anonymous Nobody

        Employers do not need any reason to fire you — unless they have had some sort of promise to the contrary (in California, a probation period to start has been interpreted as a promise of permanent employment if you complete it and continue there. This is why companies now skip probation periods and even on their applications state employment is “at will”). The law merely blocks employers from firing you for certain illegal reasons, mostly discrimination of certain protected classes.

    • Joe

      PC 290.46 prohibits using any of this information for , among other things, employment purposes. This was posted here a long time ago…
      https://all4consolaws.org/2012/04/california-registrants-bill-of-rights/
      Okay, just had a good chuckle…

      California being an at-will employment state offers no, zero recourse against termination of employment for any reason. Maybe if they are silly enough to put the (real) reason in writing, but still – good luck.

  6. FRegistryTerrorists

    I do not get directly harassed by a criminal regime all that often because I don’t allow them to get near me. But I did have the displeasure of interacting with one of their criminal employees last week. This particular criminal wanted to harass me about something particularly idiotic and wasteful.

    It seems that a law enforcement criminal in another state was not happy about where a vehicle that I own was parked a while ago. So he/she contacted a law enforcement criminal in my state to waste their time too. Then that criminal wanted to talk to me about it. The hilarious thing about it all is that I have never driven that vehicle even once. They wasted quite a bit of time, effort, and money on all of it, at the expense of not doing anything about actual crime.

    I thought I had made it pretty clear to this particular criminal regime that I do not ever have any interest in speaking to them. I give the information that I am forced to under threat of arrest/confinement/harassment and other than that, they need to keep their stupid mouths shut and stay away from me. But this particular criminal was very insistent that I talk to him about the vehicle. He threatened to arrest me for “obstruction of justice”. I offered to let him speak to my attorney instead but he insisted that he would just arrest me. He is a real criminal P.O.S. and I will legally retaliate for his harassment. I intend to make him pay. Which, again, will distract everyone from doing anything about actual crime.

    Interactions with these types of criminals make me think that I should have a video camera running everywhere at all times and carry cards for my attorney. Then I should be able to just give the criminal a card and tell them I have nothing to say to them.

    P.S. The criminal regimes still have no excuses that they have not created the rest of their Registries. The main reason the Sex Offender Registries exist is to harass families. They are not for “public safety” or “protecting children” as the nanny, big governments lie.

  7. mch

    A first time event! Tonight, while enjoying a cold drink at a local pub which I have frequented for 10 years, the bartender came up to me and asked if he could speak to me. I said yes, and we proceeded to a hallway. He asked me if I was a RSO, which I said yes. He then said, “get the f**k out of my bar and don’t ever come back!” I asked if he would like some facts, to that he said, the law is the law. Well, I left with my friend. I’m glad a scene wasn’t made, but I’m really curious how he knew that bit of information. Could this be a glimpse into the future of RSO’s everywhere?
    One thing for sure, if you live by the law, you’ll die by the law. Hoping Ms. Karma shows up there soon.

    • FRegistryTerrorists

      I’ve been listed on the nanny, big government Sex Offender Registry for around 15 years. I know for certain that the Registries do nothing significantly beneficial and lead to increased sex crimes. However, one thing that they are very useful for is identifying people who are not worth knowing. They are good at that.

      I have lived in a few different neighborhoods and without fail, there are always some lowlifes in them who have a real problem that I exist. The Registries have been very good at identifying who those people are and letting my family know that they are bad non-people who’s existence is meaningless and doesn’t need to be acknowledged.

      It is quite funny though that, without fail, those non-people do not want me in “their” neighborhood and yet as problems occur, and they always have, those non-people are the source of the problems, harassment, calls to the police, etc. And nearly always, the non-people have not caused problems only with my family, but with other families in the neighborhood. The non-people who really embrace the Registries and their harassment are almost always pretty deficient people. I honestly don’t believe that intelligent, informed people support the Registries these days. Only the crazies are left.

      Regarding your bar situation, while I generally ignore people in my neighborhood who just don’t want me around, I don’t let much else slide. I personally would do whatever I could to legally harm that bar. I would find out if they have a legal standing to keep you out of it just by telling you that. For example, perhaps they must legally have signs posted. Can they just pick and choose people who are not causing problems and tell them they cannot be there? They certainly couldn’t do that based on race.

      Also, you didn’t say if the bartender was the owner or not. If not, I would try to get the person fired. If he is, I likely wouldn’t want to give him any more of my money but I would still make an issue about it. Run background checks on him and all the employees. Post the results outside of the bar, including encouraging patrons to find more law abiding bars, ask the owners to fire all convicts, and ask the owners what they are doing to get their nanny big governments to create Registries for people convicted of any crime. You also might calculate how much money you’ve spent there and send a letter to the owner asking for the profit back, because surely they don’t want YOUR money.

      Just be creative and remember that they are people who do not deserve to be left alone. Or you could just decide that they are worth your time and forget about them. But I would at least mail them and ask for the profit that they made off of me to be returned.

    • alert

      It’s my guess a patron complained to him? Sorry to hear of your humiliating experience.

    • BillG (feeling better now)

      It’s going to be an interesting winter.

      This FRegistryTerrorists (Jesus, couldn’t you just use “Sam” or something remotely easier to spell?) has a great point o’view and deserves kudos. ‘Atta-boys’ awarded.

      Remotely relevant, I somehow wound-up running a bar in Marin after having been a F****G SEX OFFENDER for nearly thirty years. Cheerily enjoying my enterprise, it turned out that a local Prosecutor was one of my regular patrons. We got along splendidly and became friends and one night she invited me home. To her place.

      Mind you, I’m an accommodating gentleman; thoroughly hetero and unafraid. My status an an RSO never entered my mind as we cavorted and frolicked with unabashed abandon and in the morning I kissed her gently on the cheek and made my exit.
      She must have fallen in love with me, because she ran my rap sheet.
      And went ballistic.
      I had two speeding tickets, an overdue library book…and (guess what)….

      Several days later she reappeared in my bar by the Canal near the Freeway and after several vodka-tonics confronted me in public, in earshot of all the other sloshed patrons.

      My friends, you really haven’t lived until you’ve confronted a bunch of drunks, as their bar-tender, with the rantings of an intoxicated prosecuting attorney over your status as a Registered Sex Offender.

      (“Why are we drinking this bastard’s liquor!?!”)

      – You want to talk about life in foxholes?-

      Well I took the high road as best I could. Understand the life of a bar-tender is fraught with hazard to begin with and a room full of drunks is no picnic in any event…but I had a major investment in the place and restaurant margins are slim. Holding a bar together is tedious because you have to provide a safe haven for people to relax. Otherwise you could have a riot on your hands.

      So..What does this have to do with it…? First; we’re dealing with something like mass insanity stoked by opportunists. As a [Compliant 290 Registrant] you will have adventures the likes of which you could never dream. Learning how to adapt will be one of your life’s greatest lessons. YES, they are wrong to the point of mania, but they are in power…and corrupt, but you have friends in places you could not imagine.

      The greatest damage would be done to your character. Only you can resist and repair, heal if you will, but recover is what you must do. Many, many people in places of authority know that the Registry and behavior of the populace because of the Registry is untenable. There are reports of lunatics stalking and murdering RSOs, but these reports are rare and, tragic as they are, actually help our cause. Sorry, but true.

      You are called to a higher character.
      See that you do justice to this opportunity.
      The Lord works in mysterious ways and you are in good company.

  8. mch

    I do appreciate all the encouragement, comments and feedback. I just find it unusual that I’m a “great” customer and this guy has been quite jovial with us in the past. I think that possibly something happened to a family member sometime and that’s why he reacted so vehemently. Other workers there have been more than kind, but then they don’t know the deep, dark secret. My response is this: First, he is ignorant; second, my bowel movements are more significant than he is. Kinda gross, I know, but they’re not worth the effort. Stupid is as stupid does!

    • 290 Wife

      I do not know you but I am very sorry about your unfortunate experience. After about the second sentence of reading I got that old “punch to the stomach” feeling. Depending on your circumstances – if you are on the web site, if you live a small town – I am surprised that this sort of thing does not happen more often. Maybe it does. That does not make it right.

      While this man may have someone in his family who was abused, it is only a matter of time before everyone knows not someone who has been a victim, but someone who is on this list. Maybe then sentiments will shift.

      Until then, I am sure that telling you that you probably are better off not to be spending your money in an establishment like this rings hollow. I hope your friend was not caught off guard. Sounds like he / she is the kind of company you should be keeping.

  9. Ron

    I was suspended for 30 days from my local restaurant because of complaints that people didn’t want to be around a RSO. That was 6 months ago. This is after me being a good customer since they opened 8 years ago. I haven’t went back since. They said me being their was hurting business. Not possible as it’s the only restaurant in town. And it’s always busy when I’m their. The owner (a Chinese Citizen, Chinese Restaurant) said he has a right to refuse service to anyone.

  10. alert

    It seems like you may have a law suit here:

    What Conditions Allow a Restaurant to Refuse Service?
    There a number of legitimate reasons for a restaurant to refuse service, some of which include:

    Patrons who are unreasonably rowdy or causing trouble
    Patrons that may overfill capacity if let in
    Patrons who come in just before closing time or when the kitchen is closed
    Patrons accompanied by large groups of non-customers looking to sit in
    Patrons lacking adequate hygiene (e.g. excess dirt, extreme body odor, etc.)
    In most cases, refusal of service is warranted where a customer’s presence in the restaurant detracts from the safety, welfare, and well-being of other patrons and the restaurant itself.

    How Can a Lawyer Help Me?
    If you were unjustly refused service at a restaurant, you should contact a constitutional law attorney immediately. A lawyer can help determine the existence of any unlawful discrimination, as well as the overall strength of your individual case.

    Certainly being an ex offender, required to register with local law enforcement, shouldn’t be grounds for dismissal from a public place.??

    • Anonymous Nobody

      You did not say where you got that list. Please do.

      It would be very nice if that were all there is to it, but I very much doubt it is. Also, I’m not so sure a restaurant would be a “public” place by law. I don’t know what the legal standards are for some place to be considered to be public, but there are standards for that.

      My guess is that the law on this would actually only bar certain reasons for refusing service, not guarantee service unless certain conditions are met. That is, my guess is that the law bars you from refusing service because of race, creed, and the other routine discriminations bans. But I suspect as long as any of those certain reasons are not the reason, then you can eject anyone you want to. And I don’t know of any law barring discrimination against sex offenders. But I’ll bet you could find a lawyer willing to charge you a very high hourly rate to work on such a case for you.

      • alert

        @Anonymous Nobody

        http://www.legalmatch.com/

        But Aren’t Restaurants Considered Private Property?
        Yes, however they are also considered places of public accommodation. In other words, the primary purpose of a restaurant is to sell food to the general public, which necessarily requires susceptibility to equal protection laws. Therefore, a restaurant’s existence as private property does not excuse an unjustified refusal of service. This can be contrasted to a nightclub, which usually caters itself to a specific group of clientele based on age and social status.

        • Anonymous Nobody

          That link isn’t to anything specific to this discussion, it is simply to a general legal Website. I thought you were linking to a pertinent law or a court precedent or at least a licensed lawyer’s opinion.

          Gee, I like your logic, your interpretation, I’m just not so sure it is correct. I don’t think the equal protection clause is quite the simple and all encompassing. Besides, it is equal protection “of the laws.” I don’t know any laws protecting SORs going to a restaurant. But there are discrimination laws protecting certain categories of people, but SORs are not one of those categories.

          I don’t have any definitive comment on this, I’m just quite doubtful about your interpretation. But I will applaud your effort to try to find something to help and encourage you to continue to do so — even IF you stretched too far on this, you are doing the right thing to try to find something and bounce ideas around.

  11. Bluewall

    So.. Something interesting happened last week.. I came home and one of my neighbors who knows of my past pointed out on the “Registry” that I had a label saying “In Violation.” I panicked.. In violation with what??? Since I wasn’t on parole/probation I had to get to the bottom of this and contacted the Long Beach PD, who after a time bounced my phone call to Sex Offender Unit… (do to the cut backs, I don’t think anyone at that office works full time anymore). Apparently a police officer did 2 random residence checks and I wasn’t home.. and they couldn’t confirm if I lived there or not… I asked what times did they police officer come by? I’m either going grocery shopping and just overall out and about.. They didn’t specify the times.. I was told to stop by with proof of address, mail or driver license.. Told them it was bullshit I did my yearly trip there with my driver license which has my current address.. And that was it.. No warning.. no “We’ll send someone by to verify”.. No anything… What the Hell? Am I to be a prisoner in my own home like I was under house arrest so they can “verify” if I actually live here? This random residency check is complete and utter bullshit.. Its like try to impose parole/probation rules on someone who have already did their time…

    • Anonymous Nobody

      290 imposes no requirement on you to do anything to confirm or validate anything in your registry. You do not even have to comply with any home check they might do, do not have to open the door to them, to not have to speak to them at the door, do not even have to tell them who you are if you do answer the door, and they are not allowed in without a warrant or your consent. If they want to confirm any information in your registry, they will just have to find other means to do so — and there are plenty of other means they can use without burdening you at all, although it might be more burdensome to them.

      If they arrest you as being out of compliance simply because they could not confirm your residency, I would think (I note, I am not a lawyer) that you would have very strong grounds for a false arrest lawsuit — and that could bring some very hefty judgement, including punitive damages. I would think that even that listing on the Web would be actionable in a lawsuit — as you saw from your neighbor’s comment, it puts you in a negative light, so you would be able to sue for defamation and libel. They have no right to list that — they have no evidence much less proof that you do not live there — and they published for the world to see saying that you are a violator.

      Lawyers cost a LOT of money. But I sure wish some people would start suing over this. This is not going to stop until cities and towns come to realize that they will be paying out a LOT of money to SOs over this. As long as nothing happened to the police or cities, this will continue. Even if they keep coming by to do such checks, that should be actionable as harassment — although the standard of proof to meet for harassment might be a bit more fluid.

      • Belmont

        Like Anonymous Nobody I am not attorney but nowhere does it say in PC 290 that a 290 is required to do ANYTHING during a compliance check. It spells out in detail the requirements at the local agency triggered by an event (move, release from incarceration) or on an annual or quarterly basis, but not in between. Someone please correct this statement if incorrect.

        In light of the above – this bears repeating:

        290 imposes no requirement on you to do anything to confirm or validate anything in your registry. You do not even have to comply with any home check they might do, do not have to open the door to them, to not have to speak to them at the door, do not even have to tell them who you are if you do answer the door, and they are not allowed in without a warrant or your consent. If they want to confirm any information in your registry, they will just have to find other means to do so — and there are plenty of other means they can use without burdening you at all, although it might be more burdensome to them.

        Funny that @Bluewall is in Long Beach. Clearly they have not learned their lesson. See copy and paste from an article in the presstelegram from about two years ago. (name removed, as there is no need to circulate anyones name). If anyone cares enough they can surely find this case in official records:

        Long Beach may settle sex offender’s legal claim

        City Council will weigh $115,000 in damages for 2008 arrest of xxxxxx

        … When xxxxxx refused to provide proof of his residence, such as a utility bill, officers arrested him for obstruction of justice. xxxxxx sued, alleging that his civil rights had been violated. …

        Los Angeles County Superior Court Judge Judith Vander Lans ruled Nov. 15 that xxxxxx’s civil rights had been violated because he wasn’t on probation or parole. While Penal Code 290 requires local enforcement agencies to confirm sex offenders’ residency status, it doesn’t require offenders to provide proof of residency.

        “No notice is given to registrants that they could be detained without reasonable suspicion or probable cause and be required to answer questions and/or provide proof of residency under threat of arrest during a random compliance check,” Vander Lans says in her written ruling.

        at the end of the article:

        Under the bill, SB 756, failure to provide proof of residence to police would be a misdemeanor punishable by up to six months in a county jail. The bill is in the Senate’s Public Safety Committee.

        While SB 756 was passed afterwards, one does not see anything of the sort relating to the above incident: http://leginfo.ca.gov/pub/11-12/bill/sen/sb_0751-0800/sb_756_bill_20110929_chaptered.pdf

        • Bluewall

          This place is where I’ll be posting my last post if something bad happens.. Still no knocking yet… you know mentally this is helping any.. Fearful of the SS knocking down my door and dragging me out… no wonder I don’t get much sleep…

        • Anonymous Nobody

          I know, not fun, scary. But in the end, do note that article, what we are saying is so, you do not have to comply with this from them. As you stated, you already have provided the residency confirmation that the law requires — no more of that is now required.

          Still, not fun to have to deal with this, get hauled in, find a lawyer, pay his/her fees (unless you want to commit suicide with a public defender). Of course, I would not presume a prosecutor would file charges, as they would know they can’t win. But you don’t need the hassle.

          Also, I really doubt they will arrest you. After all, once they found you at your home, they have the confirmation they were seeking — not that they have any legal right to get it that way. And you had not missed any SOR requirement. So, what would the arresting charge be?!

          I think that listing is just them doing all they can to harass you. I don’t think they intend to arrest you, just harass you, scare you, make you run around, make you worry — as you are.

          Again, I do think you have a good case for defamation and libel for the listing. I do think you can win a judgement for that — and that would put them on notice not to ever do that again. They have zero legitimate reason to put that “violator” notice on your public listing — there is no way they can defend that.

          Note, if they actually were stupid enough to arrest you, it could be worth it in the end. That other person got $115,000 settlement. But you should expect notably more — as that previous case has unquestionably put them on notice, and a subsequent breach would cost them a lot more because of that prior case.

          Hey, you don’t even have to answer the door if they come knocking. And without a warrant, they can’t come in to get you. Dot;answer the door, and they cant; arrest you even if they are stupid enough to do so otherwise. But they know what they are doing, and what they are doing is not even trying to arrest you, they are only trying to harass you. Unfortunately, it is working.

          I note: unless there is something else out of compliance, maybe you just moved there and didn’t realize there is a little pocket park too close, or a house on the next block converted into a child care center. Or a typo on your SOR form. And what they told you on the phone was simply a story to get you to come to them to be arrested. But absent anything like that, they can’t do anything. And there probably isn’t anything like that to worry about.

        • Anonymous Nobody

          I note, to clarify, that final paragraph is referring to providing that proof at time of registration, not in between registration. That proof can be simply your driver’s license, a state ID card, a utility bill — which some registrants might not even have realized was requested at registration time for this purpose. The reference in the story about law enforcement being required to confirm residency is referring to this at time of registration, not to going to your home and harassing you throughout the year. That residency was confirmed at time of registration — and nothing in the law says it must be confirmed all through the year. Once confirmed at time of registration, the legal mandate is already met, and nothing more is required.

  12. Bluewall

    I hate to ask… But if anyone is in Long Beach… Do you guys notice a “silent” hard stance against sex offenders in this city? or is it just me?

  13. MM

    Reading whatt folks are posting about house checks scares us … Fortunately, even though we live in one of the strictest OC cities …. They have NEVER come to check, not in three years. Not that we don’t think they won’t, they just haven’t. And, we’ve got “one of those neighbors” who tells everyone about us! Even the poor family that moved in directly across the street from us … ON THE DAY THEY MOVED IN. We could tell something was wrong when we greeted them from across the street about a week later… I let a week go by and went over (shaking in my boots) … I’m not the registrant my fiancé is … Anyway, I went over with a small bouquet of flowers. Learned in our 45 minute conversation that he is a police officer, from another city, had done his homework before buying and already knew. I shared with him what I thought appropriate and at the end …. All was OK …. He appreciated me coming over and said I was a sweet lady. Just as I was leaving my fiancé came home and saw me across the way, he pulled into the driveway and came over (I’m sure shaking in his boots). They introduced each other, shook hands and well …. Only time will tell. It could have turned out differently but I felt I needed to show up, stand up and speak up and change at least THIS family’s perception of what a “sex offender” is!

    He did mention that he had gone on to Megans site, looked the address up and DID SEE the year of conviction, 1987 (fiancé was 19 at the time) said that made a BIG difference in his decision to buy …. But also calling the police department about us. I share this because its a true life story … If you don’t have your year of conviction listed on megans website it looks as though the offense just happened because of the recent photo. Do whatever you can to get the year listed. We believe it will at least help some of the burden (nightmare) we ALL face.

    Thanks for reading …. I realize my posts aren’t so eloquently written about the laws, etc. I’ve just got real stories and the feelings that go with them ….

    • alert

      Well written, indeed. Thanks

      • Bluewall

        Last time I went in and asked about getting my year listed and Stat99, they responded they are working on… from what was told to me by my neighbor “Nope, nothing like that is mentioned. I see places where it’s suppose to be there, but nothing written there”

    • Joe

      Agree, everyone should get their conviction and release years listed. No – demand it. PC 290 specifically states that that information ***shall*** be added by Summer 2010. That was 3-three! years ago. Anyone here ever got in trouble for forgetting to register for 3 days after the deadline????

      I really wish someone would hold the state of California to adhere to PC 290 like they hold everyone on the list to it.

      290.46 (a)(2) (A) On or before July 1, 2010, the Department of Justice shall
      make available to the public, via an Internet Web site as specified
      in this section, as to any person described in subdivision (b), (c),
      or (d), the following information:
      (i) The year of conviction of his or her most recent offense
      requiring registration pursuant to Section 290.

    • Joe

      Just for the record, if this guy makes life decisions, like purchasing a home, based on how long ago the guy across the street was in the pen, he is an idiot. And even as a cop, lacking a registry for all criminals, he will have no idea about all the drug dealers and drunk drivers on the street, now won’t he. The fact that he has a badge and a gun is nothing but frightening.

      While I understand what you did and why you did it, I sincerely wish you had put those flowers on your dining table and enjoyed them for a week or so. You owe nobody nothing.

      • Anonymous Nobody

        It wasn’t how long he was in prison that the neighbor paid attention to, it was how long ago the offense was.

      • MM

        @Joe … I understand what you are saying about putting the flowers on my table 🙂 and not owing anything to anybody.

        But – I’ve lived in the same house for 25+ years, fiance for the last 3. I’ve never been uncomfortable on my own property until I ‘felt’ the presence of the new neighbors. I can’t live that way which is why I went over – to remove the ‘feeling’ of ‘pretend they don’t see us and maybe they’ll go away’. For the most part, the neighborhood is friendly (with the exception of the woman down the street) – folks wave when they come and go (even to us, lol) so, considering we’d be seeing these new folks EVERY day coming and going with their kids … it just makes it easier.

    • mh

      My year of conviction is listed as 2005, when I was 20 years old. But I was prosecuted 7 YEARS AFTER THE FACT. So people think I committed the crime as an adult, rather than as a child myself at the time. Sometimes I just feel like throwing my hands in the air and giving up.

      • td777

        I can relate. My convictions were years after as well, AND the site says I was took the Static 99 assessment in 2010, also years after.

  14. Painted Bird

    By the way, where can I find a lawyer that knows 290 law? Is there a directory? The reason I even started looking at this forum is to keep up with the laws after prop 35. I had no idea there were so many.

  15. Ron

    CA Assembly Person Tim Donnelly, Is he a moron? Tell me more. We need a list of which politicians we should support and not.

    • Janice Bellucci

      Creating a list of elected officials who support our cause might actually hurt more than help because it could be a reason for people to vote against them. Having said that, there is one elected official who has publicly supported us without worrying about any adverse impacts. That is Assemblyman Tom Ammiano who has introduced two tiered registry bills. Thank you, Tom! We appreciate you and your support!!

      • FRegistryTerrorists

        I agree, Ms. Bellucci. When I find a politician who is a Sex Offender moron that needs to be attacked, I simply find his/her enemies and start helping them. I never bring “sex offender” into the discussion. What I have often found is that Sex Offender moron politicians are usually just plain morons and they have many, many different weaknesses.

        We can get these people out of office, especially local politicians. However, a big problem is that the U.S. is full of morons who want to work in big government. Morons are literally attracted to it. So there is often a moron who will take the position of the previous moron. Often, the moron you know and have in office is better than the moron who replaces him/her.

  16. C

    My 5 year old daughter started kindergarten last week and the stress of not being able to participate and repeatedly disappoint her by not attending events is spiking my stress level, let alone the impact it has on her.

    I know I am not alone in this. Can anyone recommend a web site or coping mechanisms to get through this?
    Participating in the meetings and fighting for changes in the law great for the long haul, but for these more immediate issues any assistance is greatly appreciated.

    • alert

      In the index click on Resources-Support groups.

      If I remember correctly, you are not on parole. Are you certain you are not allowed on school premises to attend your child’s functions.

      Many counties restrict RSOs from “loitering” at or near schools but make no mention of attending activities involving your child.
      For instance, my child’s school doesn’t allow registrants to act as chaperons on outings and a couple of other logical things but that’s all.

      If indeed you are restricted, perhaps it’s possible you can get permission from the sheriff, police dept. etc?

      Best of luck to you.

      • Joe

        Under CALIFORNIA law it is a misdemeanor for a person required to to register under PC 290 to set foot on a school property without lawful business AND written permission from the principal. PC 626.81. http://law.onecle.com/california/penal/626.81.html

        626.81. (a) Any person who is required to register as a sex offender pursuant to Section 290, who comes into any school building or upon any school ground without lawful business thereon and written permission from the chief administrative official of that school, is guilty of a misdemeanor.

        This extends to walking your cocker spaniel on the athletic field on the weekends. Of course they do not tell anyone. Interesting to note that this does not apply to out of state registrants. Only those from California – incidentally , whose taxes fund the forbidden properties.

        While on the subject, how many people here have their assigned voting place in a school and with that, are committing a crime each and every time they exercise their constitutional right to vote?

        Sounds like another one they did not think quite through.

        • td777

          Not only the poling place, but they hold candidate debates there as well. And my at the time middle school daughter attended the school…all the while I couldn’t go.

    • Joe

      @C – see my comment to @alert about PC 626.81. You have not described your efforts so far. Have you requested permission and were denied? Mind you, no reason is required – a simple ‘no’ is all they need to provide. If, for some reason, you have not asked for permission (your child would certainly be ‘lawful business’) you might want to do so?

      Other than that, the Resources page lists some support groups more traditional in approach than this legal advocacy group. The dailystrength forum is full of mostly mothers, wives, and girlfriends, and they appear non-judgemental, seem to be good listeners and know what it is like.

      Other than that it would appear that fighting for changes in the law is your only choice. I am not a betting person but I am betting the farm on things not getting better by themselves. At least not in the 13 years your daughter will be in school.

      I hope it works out for you and, more importantly, your daughter. Making a child pay for the sins of the father is barbaric.

    • C

      Thank you, all, for your thoughtful replies and I will check out the recommended support groups.

      No,I have not tried to get permission from the school as I want to spare my daughter any humiliation at the hands of children or their parents when they learn of my background. I expect that most people will not make an issue, but it’s that small percentage, just one Gladys Kravitz to stir the pot, that can turn it into the S storm I dread.

      Perhaps it is worth the risk – my daughter has my wife’s last name and we use my dad’s address to help avoid the association with me. My girl sure will be happier if I show up for these things and so will I, though the wife will be a bundle of nerves. My psychologist happens to have been the principal of my daughter’s school and will likely be willing to write a letter in support of my request.

      A decision will be easier once armed with feedback from those who have gone before me.

      Thanks again.

      • td777

        I’m the father of a 14 year old girl, and I go through the same thing. Fortunately, I do have a pretty good relationship with her, in spite of the 4 years I missed while locked up and on parole. A few months back, we explained to her about me having to register. My daughter has made it clear she doesn’t care what they say about me and doesn’t see me any differently. AND she’s completely understanding that I cannot attend anything at her school, doesn’t like it but is understanding.

  17. Bluewall

    Was doesn’t the government come out with a approve map of where register SOs can live? It seems easy enough to say “If your crimes consisted of 290 , you can’t live 2000ft from where ever”.. is it attempt not to sound “290 registers can only live in this area”.. granted if it’s said that way it does sound like a punishment and very similar to past history involving race and religion and pure race…

  18. MM

    Just wanted to put it out there … Whenever you have an opportunity, when & if you feel comfortable, share what you know about what is going on. Personal experience … I recently spoke to a police officer (new neighbor across the street) that works in a nearby city. Began explaining to him about how there are vigilante killings across the country simply based on the fact you are listed on the registry and he had no idea. I truly believed him, he was listening. I actually shared the story about the recent SJC killing (which yesterday gave him life in prison with no parole) … San Juan Capistrano …. for goodness sake were in the OC and he didn’t know! Until someone is EXPOSED to what they don’t KNOW they DON’T KNOW. I don’t speak with everyone … but, given the opportunity and the right circumstances … take the opportunity to speak up. It’s scary, I know I was shaking in my boots … but felt better after having known I enlightened someone!

  19. JWM

    Has there ever been a study done on the unemployment rates of RSO ?

  20. mch

    http://abclocal.go.com/kfsn/story?id=9222808

    Seem another “upholder of the law” or dirty cop got busted for having sex with a minor, then intimidating the witness and having a controlled substance. This will be a good one to watch and see what, if any, sentence will be handed down. Research and statistics prove that law enforcement is a far greater threat to minors than any other profession. Another one bites the dust!

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