The El Dorado County Board of Supervisors voted unanimously to repeal its sex offender ordinance which prohibited all registered citizens from visiting county recreational areas and the county library. This vote was taken on January 7 in the absence of Supervisor Norma Santiago. A second and final vote on the repeal is scheduled on January 14 and would become effective 30 days later.
“The ultimate repeal of the El Dorado County ordinance is a significant victory for more than 100,000 registered citizens and members of their families,” stated CA RSOL President Janice Bellucci. “As a result of the final repeal, the civil rights of registered citizens will be restored and the constitution will be protected.”
The El Dorado County ordinance was challenged in federal district in a lawsuit filed on July 17, 2013, that alleged the county ordinance was both preempted by state law and violated the U.S. and California constitutions. During litigation of the case, the county appealed a decision by the federal judge to allow the plaintiff in the case to be identified as John Doe. Judge Kimberly Mueller affirmed her decision on December 2 in an order that recognized the need for the plaintiff to remain anonymous in order to challenge the constitutionality of the county ordinance.
The decision of Judge Mueller is consistent with decisions made by federal judges in several challenges to similar ordinances supported by California RSOL. Those decisions include, but are not limited to, challenges to ordinances in the City of Sierra Madre and the City of Lancaster.