D.A. will take sex-offenders fight to state Supreme Court

[UPDATED 1/14] SANTA ANA The Orange County District Attorney’s Office plans to go to the California Supreme Court to defend local ordinances that ban registered sex offenders from city parks. A state appeals court on Friday struck down an Irvine law that barred registered sex offenders from city parks without written permission from police, a ruling that will become legal precedent. The court also struck down a similar Orange County law.

About a dozen other Orange County cities passed similar ordinances banning sex offenders from parks at the urging of District Attorney Tony Rackauckas. Rackauckas helped craft Orange County’s law with county Supervisor Shawn Nelson. “Protecting children from dangerous sex offenders is an ongoing war, and we believe that it’s one of the most important jobs we have at the D.A.’s (office),” said Susan Kang Schroeder, Rackauckas’ chief of staff. Full Article


Supervisor John Moorlach Response: MOORLACH UPDATE — Expensive Legal Matter — January 14, 2014

Orange County District Attorney Plans to Take Battle Over Pervs-in-Parks Ban to Supreme Court (OC Weekly – updated with JB quote)

Orange County law similar to sex offender restrictions in Seal Beach, Los Alamitos struck down (Press Telegram)


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As a registered sex offender who very regrettably committed a sex offense with a family member fifteen years ago, thank God the courts are finally putting a stop to the rash of ill-conceived, illegal, and unconstitutional local laws written more for political gain than common sense. It does not benefit society as a whole to create an entire class of people roaming the streets with nowhere to live, nowhere to work, and nothing but spare time on their hands. Most sex offenders got into their predicament by using very poor judgment at a moment of weakness. They do not fit the widely-held stereotype of some pervert passing out candy at the local playground, and they do not pose a future danger to the rest of society.

I’m a homeowner, and I also own a successful business. That’s what I did before I got in trouble, and that’s what I’m doing now that I’ve paid for my mistake. I have absolutely no desire to ever go to a park, but my property taxes help fund those parks, and I have a right to go to one if I have a legitimate and legal reason to be there. The same goes for our beaches.

The problem with even the State sex offender laws, is they make absolutely no attempt to differentiate between the very few true predators who will always pose a danger to others, and the vast majority of sex offenders who are highly unlikely to ever repeat their mistake. If we allow every local jurisdiction to make their own rules, how is even the most compliant-conscious offender supposed to keep track of them?

Our society generally allows people to get on with their lives after paying for their crimes, at least the first time, and that’s as it should be. You could be living next door to a violent ex-con… even a murderer, and never even know it, because we don’t have a registry for people prone to violence or murderers, and we don’t saddle them with residency restrictions that make it all but impossible for them to find a home.

Residency restrictions create clusters of sex offenders in the few places that they can legally live. They also force many sex offenders to be unemployed, homeless, and with nothing to look forward to in the future. Some of these offenders truly are a danger to society. Do we really want them loitering around with nothing productive to occupy their minds? That is NOT benefitting society or making people safer!

It’s time for more than just stopping the rash of ill-conceived local laws designed to get people re-elected and appease people’s knee-jerk, but poorly thought out emotions. It’s time to stop the madness and come up with some serious solutions that benefit sex offenders who just want to get back to a normal life, as well as the rest of the population. Sex offenders should automatically be taken off the registry after a certain period of time if they’ve only had one victim, the offense occurred a significant number of years ago, and they have not had any sex conviction since. Stricter restrictions should be reserved for those who have demonstrated that they truly need them.

That orange county again….repeatedly wasting taxpayer’s money……another wrong bad decision by that office ….costing taxpayers more money…more money.

This reckless and dangerous district attorney needs to be removed from office.

The pendulum of punishment has been stopped in Orange County! All Orange County parks and recreational areas are now open to more than 100,000 registered citizens and their families. Enjoy!!

Another control freak!
What don’t I understand about the job description of a district attorney?
Let’s see: perhaps, to prosecute the accused?
I can’t imagine where it ever hinted at creating new discriminatory laws against a select group of people.

Well, after his piss poor performance in court which allowed two dirty cops to get away with murder I’d say he is looking to redeem himself politically.
He looks rather weak right now and, unfortunately I think that if someone decides to challenge him in the next election they will be playing up the angle of these most recent defeats: The Kelly Thomas verdict and Parks Ban repeal.
In other words, he’ll run on a platform of implementing the RSO restrictions Mr. Rackauckas promised but failed to deliver.

In the meantime, as much as I love southern OC, I am glad to have not had to go through this parks ban as my wife and kids and I enjoy the parks every weekend here in LA.
If we lived closer I would brave the 405 and visit some parks just because I can.

I think this is a great idea/NOT. First, we are currently still in a recession, people need jobs and the economy doesn’t seem to be going anywhere and we have a President who has been focusing upon passing a healthcare reform bill and immigration bill? Now, we have a DA in OC where crime is out of control, recidivism is out of control and he is doing NOTHING to rehabilitate anyone! Instead, he believes that lets just put everyone in jail? He needs to get with the program as opposed to continuing to waste tax payers money!

Tony Rackauckas can’t successfully convict two criminal cops who murdered a homeless, mentally ill man in cold blood. So, I guess it’s back to the witch hunt against sex offenders. What a moron!!!

Hey, I’ve got an idea. Let’s make a law that does not serve any purpose other than further a political hype, even though we know it’s unconstitutional. We know we’ll get sued to strike it down, so we get to waste taxpayer’s money. Then, when the courts rule it unconstitutional, we can waste even more taxpayer’s money by appealing it. Then when the appeals court rules it unconstitutional, we again can waste further taxpayer’s money by appealing again, this time to the state supreme court…

To the people of Orange County, Ca and every other state and county in America, Canada and the rest of the world that oppresses and persecutes groups of people they have been trained to dislike.

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Ben Franklin: (Pennsylvania Assembly: Reply to the Governor, Tue, Nov 11, 1755)

If someone is a “dangerous sex offender” then they should be in jail until they are deemed be not be a danger to the public. This is common sense and applies to any dangerous person.

The vast majority of us are on this stupid f**cking list have never harmed a soul and those who have, if the have paid their debt to society should be free from surveillance…they have PAID the debt.

A life time of surveillance is a life-sentence of probation. It is inhuman…un-American (the old America)…and certainly illegal according to the actual Constitution of the United States of America.

If you are out you are out. If you not on probation you should have full constitutional rights restored and have no restrictions of movement or following the your human right of pursuing happiness.

This RSO BS is a human rights violation and should attached legally as such!!

Q. I almost felt the same thing. I will say this. I’m dumbfounded on how any jury could have acquitted these individuals. Here is a really interesting story. Everyone read this. WHen I attempted to obtain a Certificate of Rehabilitation some years ago, I actually met John Barnett. He represented one of the two officers. I went to his home in Laguna Niguel. Its a nice home on the hill. Anyways, we met and I shared my story (legal issues). He evidentially called the DA opposing my Certificate Request. He later called me via phone and attempted to talk me out of applying? I was in utter shock? For me, this is what Defense Attorneys do (they fight). He almost did everything he could to talk me out of this motion? On the day the Judge Ruled on my motion (motion denied/it wasn’t enough) I walked out of the Court Room and guess who I ran into? I spoke with him briefly and he was almost angry. He quote on quote replied, “I gave me word to the DA that you wouldn’t file this motion?”I had no idea what he was talking about, but it really made me thing. Why would any Defense Attorney talk you out of applying for a Certificate of Rehabilitation? This is a God Honest True story.

That oc da office inflames the public against a registry he was under oath to protect Constitution to even call it “war”………….really..?….really…?….really..?…..public funded office declaring war on Americans ….they need to be fired
immediately….abuse of office and authority over another citizen ….misuse abuse of authority for political gain….for sure they are in direct conflict with the Constitution …over
the top zealous public office declaring war on a public funded registry is gold proof punishment as well as the
already court denied restrictions ……oc da office withdraw your appeal it has millions a dollars on it.

All we are saying……….is give peace a chance……….thank you John Lennon

Q: I agree. It didn’t make any sense at all!

Does anyone know why under “Legal” and “County Ordinances”, Orange County still states that a registrant can’t enter any OC Parks, etc? Will that be updated soon?

The ex sexo registry is now platinum gold proof further punishment and blatant discrimination …over zealous abuse of authority and power over a public funded made registry…
“war” propaganda against those on registry is the agenda to incite the public to exclude from Constitutional Rights and protections….and it really starts when you’re accused …you wont get a fair trial…they will get you convicted by cheating the system….this reckless disregard to humanity is an offense against history…this type of authority failed in world war II….United States kicked their whowho .

I think people forget that California registration is for life. All this ordinance thing would not be so bad if we only reg for 10 years. It should only be for people on parole and should include gang member, dog abusers, and I could think of many. How ever, on one should be banned from anywhere for life. I like going to the beach, I’m 54 years old I do not go to look at children , I go to see a sunset. I have been off parole for 20 years I think it is time for law maker to look at registration removal. Free us .

The “war” public policy makes this put together registry the enemy ….we are NOT the enemy…..we are prisoners of your own “war”……….we demand to be free from this punitive discriminatory registry……free from
this prisoner of “war” registry.

Thank you for the comments. I was literally in shock. Its both a very honest and sincere story. It even gets better. When I initially plead to my battery, the lawyer representing me informed me that the battery was a wobbler. In summary, it was a felony treated like a misdemeanor. I was also informed that it would be a registerable offense, while a felony. He informed me that once the charge was reduced to a misdemeanor, I would no longer have to register. I confirmed this very clearly with him. I trusted him. I later found this to be false. Well, the attorney is now a Commissioner in OC.