Costa Mesa City Council to revisit sex-offender park ban [UPDATED]

UPDATE: Motion to repeal passes 5-0

The Costa Mesa City Council on Tuesday is scheduled to consider instituting a reward for help in identifying vandals and repealing a law that aims to rein in the movements of sex offenders. The Police Department has recommended that the council consider revoking a 2012 ordinance that bans registered sex offenders from entering city parks and sports facilities without law enforcement permission.

Costa Mesa’s ordinance was similar to ones passed by the Orange County Board of Supervisors and Irvine City Council.

Two state appellate court decisions, however, have ruled against the legality of the Irvine and county ordinances.

According to city staff, the Orange County district attorney’s office, which supports the ban, will probably appeal the decisions to the state Supreme Court.

Staff also noted that Costa Mesa is also facing its own lawsuit against the sex offender ordinance. The case, John Doe vs. City of Costa Mesa, is pending in federal court.

The lawsuit, filed in 2012, originally targeted Orange County Sheriff Sandra Hutchens, Costa Mesa, Police Chief Tom Gazsi, and the cities of Huntington Beach, Seal Beach and Lake Forest and their police chiefs.

Lake Forest, its police chief and Hutchens have since been dropped from the lawsuit, according to federal court documents. Article

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Wow, I’m kind of surprised to hear the police department is recommending revoking the ordnance. And I’m not surprised the district attorney supports the ban, of course we all knew that anyway; why cant Tony Rackauckas just accept his spanking, do his time in the corner and give it up? Whats wrong with this guy?

Good for the City of Costa Mesa to come to its senses.

However, that brings up the issue of all the other Cities that still have not taken this step. The fact that law enforcement is not enforcing these ordinances is beside the point. Which brings up another question – since when is it up to LE to enforce the law per their discretion? Is the law not the law?

Regardless, a registrant entering a park in a city with this kind of ordinance will still commit a crime. It says so in the Municipal Code. When a tree falls in the forest and no one is around, does it not make a sound?

The Appeals Court decision is over one month old at this point. This would have been plenty of time for ALL cities to add a repeal motion to their agendas and get the process started.

Few have. They should not get away with it.

I hope San Diego and the surrounding cities were included.

Motion to repeal passes 5-0. No discussion, no speakers. Mention that this is unconstitutional, barring a reversal by the Supreme Court, which the OCDA’s office is currently working on getting heard.