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D.A. Wants Top Court to Review Rulings Overturning Ban on Sex Offenders in Parks

Orange County prosecutors petitioned the state Supreme Court to review two appellate court rulings striking down a ban on registered sex offenders in the county’s parks and in more than a dozen of its cities.

“The people of the state of California respectfully petition this court to grant review of an important issue affecting every city and county in California,” Deputy District Attorney Brian Fitzpatrick wrote in his petition to the high court. “Cities and counties need to know whether they can act to protect children within their communities from the approximately 75,000 sex offenders living in the state.” Full Article

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The decision of the Orange County District Attorney to appeal these decisions is expected. Having said that, it is still a waste of taxpayer dollars and the citizens of Orange County should be outraged. Two courts have issued clear decisions stating that the county’s ordinance is void and therefore unenforceable because it is preempted by state law. IF the state Supreme Court grants review of these decisions, we can expect a l-o-n-g wait for their decision similar to the 3-year wait for their decision regarding residency restrictions. In the meantime, California RSOL will continue to assert pressure on cities and counties that have such ordinances to repeal them. Cities and counties that do not repeal their ordinances will be subject to legal challenges.

Hi Janice;
OK, you have alluded to this a week or so ago. Can you venture a guess as to the outcome if the supreme court grants a review? And how do you think it will go if the supreme court doesn’t grant a review? Will Tony Rackauckas have any recourse? Also; do you have any suggestions on a good way to notify the citizens of OC of this wasteful and unconstitutional quest Tony Rackauckas is on, or is it better to just let this come to it’s own conclusion? Thanks!

Your questions are simply asking for speculation, which could serve only to give false hope or false fear. Also, while I don’t know Janice’s reason not to respond, you would be putting any lawyer in an undesirable situation to make them respond to such in print in public — they don’t want to say anything that might make any justices hold a grudge against them!

Still, one would be hard pressed to see any legal avenue for this after the state high court. The basis for the ruling being challenged just does not provide for a federal challenge. Or, were you asking whether a denial of review could be done in a way too overturn the appellate decision? If that is the question, the answer is no, not technically. But the high court could decide to depublish the ruling, which would mean it would not apply to anything but the one case it decided, would not be citable in other cases.

As for any recourse against Rackauckas now, there is no chance it would stop this appeal. But if such rose to a serious level against him it could have a political influence on the prosecutors. But it is not at all likely any such recourse could be mustered, especially in a conservative base like Orange County — why do you think these local laws proliferated so quickly there.

So, yes, you might as well wait for the conclusion and focus your energies on other things that might help the cause.

That orange county courthouse shop has NO business near the scales of justice ..what that shop should protect and defend for children and everyone is the Constitution …….orange county injustice..tear down your walls.

The people of Orange County should use whatever legal remedies (if any) exist to remove Tony Rackauckas from office! In my opinion, this guy does not have the best interests of his constituents in mind. Instead, I feel that he has his own political agenda in play and at great expense to the tax payers of O.C. If there is a way written in law to have a D.A. removed, then I think the people of Orange County should step up now and start the process.

Local ordinances should continue to focus on nuisance and quality of life issues and leave complex criminal justice matters in the proper arena of State Law where they rightfully belong for a host of reasons far too complex for megalomaniacal narcissists using such ill founded concepts for future political gains.

Does he work with the county supes or is he answering to a higher (Hitleresque)

The DA is independent of the county supervisor. He is independently elected. He is not answerable to the supervisors, although they provide money for his department in the county budget.

And unfortunately, this appeal he is bringing will get him lots of votes for reelection. It is that political climate that must be attacked, moreso than this particular DA.

Need help with this please. We just got back from the probation office in Orange County, and my boyfriend was told that he could not enter ANY parks at all. I don’t know if the PO is just not aware of the law banning SOs in county parks has been overturned, or is it something he can still demand? It is not a stipulation in his PO paperwork. So, can my boyfriend who is on probation with an ankle bracelet enter an Orange County Park or would that be a violation since his PO told him he could not? I just really need clarification with this as we don’t want to do anything that could get him in trouble. We will abide by all the rules and laws, but we love hiking and biking, so it is very important for me to find out. Any and all input would be greatly appreciated. Thanks.

Hi someone who cares;
It is perfectly legal for your family to visit any park or state beach; HOWEVER, your significant other WOULD BE WISE TO abide by the conditions placed on him by his probation officer; until he can consult with an attorney I would advise him to stay away from parks.
From what I have seen OC probation is pretty much set up for the probationer to fail, so your SO had better just bite the bullet and do what his PO says. I watched my younger brother try to comply with the myriad of terms and conditions and eventually get overwhelmed. He is back in jail.

Tony Rackauckas (AKA full of baloney Tony)has been over ruled by the state supreme court, I think twice. To put it in lay man’s terms; he got a spanking and doesn’t like it, so he is doing what is the equivalent of having a temper tantrum by wasting yet more of the taxpayers time and money by filing an appeal.
Full of baloney Tony doesn’t have a guarantee the higher court will even hear him over there, screaming and crying in his room, throwing his toys against the walls because he didn’t get his way. I just hope he goes after a real problem, like drunk drivers or gang bangers.

Somebody Who Cares wrote:
So, can my boyfriend who is on probation with an ankle bracelet enter an Orange County Park or would that be a violation since his PO told him he could not?

Unfortunately You’ll have to follow anything the probation officer tells your boyfriend he can or cannot do. Since he’s wearing a bracelet it will trigger a response if he enters a park. Parks have perimeter alerts as do schools and some other places where “children gather” such as water parks, video game arcades, and fairgrounds. The ugly truth I learned to accept was that if you have to ask the P.O., than you can usually expect a “No” answer.

It’s kind of line “Other Duties as Assigned”. Parolees’ rules are governed by statute more than those of probation – typically. But many probation officers see themselves as the equals of parole officers (badge envy) so they tend to write their own rules as they go along. The conditions of your probation at the inception are the real guidelines but don’t leave it to chance without consulting your attorney. If you haven’t done anything that would warrant an decrease in your mobility, chances are this guy is just arbitrarily introducing these traps but since he hold the power, wrong is right unfortunately. You may bring the ruling to his attention and ask him if his action is based on this guideline, but in OC, it is like a living nightmare from what I understand with everyone bowing to the head bully – Tony – in a stance of solidarity, from what it seems.
I wouldn’t doubt it if the DA sent out a memo to probation officers to bust everyone’s onions at the county level while he sorts out his personal identity crisis at the expense of taxpayers and probationers alike.
Fortunately the Sheriff bowed out gracefully so at least there is some light shining in that very dark corner of the world of justice.

Hi Mike-HI j;

Thanks for giving someone who cares some good information, as I haven’t been on probation for at least 15 yrs. The only thing I know about probation down there is what I have seen my younger brother deal with (not a RSO) and it wasn’t easy for him. Perimeter alerts huh; what a further ridiculous waste of time and money. I moved away from OC about 30 yrs ago because I thought it was getting way too lame back then! Never knew OC sucked that hard!

And I too think Tony baloney need counselling at the very least. He is living out the definition of insanity

(doing the same thing over and over again expecting different results)

I concur. The bottom line is that we have murderer’s, gang members, drug dealers, wife beaters and a host of other serious criminals with more rights then some guy running around with a misdemeanor conviction from so long ago. I plead non contest 18 years ago (massage parlor), all charges dismissed, eventual charge dismissed/expunged and I received summary probation as a result. Now, so many years later with an MBA and no legal issues prior or thereafter, I’m still paying the price. The sad part is that I’m highly educated and no longer trust law enforcement and those individuals partaking in coming up with these crazy laws. Its nuts. Great job OC. Here is the question I have. I live near Seal Beach. I also partake in a sport that required me to visit the pier. What if I sue Seal Beach? Can I? I don’t live in the city, but their law does affect me? Can I take them to small claims court? Just curious. Im ready and angry

You can, though Seal Beach is currently not enforcing the law at the direction of the police chief. The only way it would be enforced is if one commits another crime, so from a pragmatic standpoint it’s probably not worth going to court over. If I’m not mistaken, they actually are a defendant in a case already.

That said, the law is still on the books, so theoretically can be enforced, or if a big sex crime happens in a park or on a beach, then the city may announce it will be enforced. If I lived around there and wanted to visit the beach or pier, I would most probably just go ahead and enjoy myself without worry.

@Eric Knight – could not disagree more. With the ordinance still on the books and active a, any 290 registrant would commit a CRIME upon merely entering such an area. Regardless of whether or not the police selectively chose to enforce the law that day.

The idea that a crime is committed from conduct that is legal for all other members of the population AND due to a law officially deemed unconstitutional just makes your head spin. How anyone could enjoy such an activity is puzzling.

Fair enough, but then again, I’m referring to pragmatism over reality. If a registrant is arrested for proxity or presence only, then it will be reported as such. To be fair, it is illegal for any registrant to even travel in Long Beach, as the 2000 foot law INCLUDING proximity by travel is still on the books.

Wait. Regarding the law still being on the books, I haven’t heard one way or another whether the appellate decision has been stayed pending appeal. If the appellate decision has not been stayed, then it is binding case law until the state Supreme Court says otherwise.

A court decision simply will outlaw enforcement of a law, it does not literally take it off the books. Separate legislative account would be needed to actually take it out of the books. But it would not matter that it were in the books because it will already have been ruled unenforceable.

So, what is needed here is to know whether the appellate decision has been stayed, either by the appellate court or the Supreme Court (I know not the supreme court, it hasn’t acted on the matter yet).


Isn’t Seal beach a part of Long Beach? If it is that’s LA county and the ruling was for OC, but I’m pretty sure it applies to the entire state. I know Janice has sent letters to many counties letting them know that they would be wise to repeal their presence restrictions of face a lawsuit. I would post the question in either this thread or another relevant thread. Janice has a post at the top of the page. It couldn’t hurt to ask.

I think you are wise to not trust law enforcement and those individuals partaking in coming up with these crazy laws.

Why don’t we have an influx of sex offenders suing cities? Then, lets see how they react? Small claims?

Sounds like a good idea, but I’m not sure it would work because I’m pretty sure most victims of the registry are as broke as I am because of the registry, and there are too few attorneys like Janice to go around.

Stop the talk of small claims court. There is nothing small claims court can do to help in challenging the legality of these laws. That can’t be decided in small claims.

As for thinking a ton of registrants are going to go out and file so as to bog the government down, you’re not being very realistic. For one thing, one of the big things this fight is about is to NOT be made public.

Frankly, I think a lot more could be accomplished for public marches or large number of registrants and their supporters — with them able to retain privacy by some sort of mask of maybe costume and makeup to disguise them (there are some laws around that bar wearing masked in public). I’ve proposed such in these forums before, but nearly no one expressed any interest.

Like Pussy Riot. Well, they had their masks taken off when arrested.
We are kind of in a situation like slaves coming forth to protest against their masters.
The public views us as criminals, no matter how long ago or minor our offence or how saintly we are now.
For the same reason journalists are reluctant to touch us. They are looking for innocents.
We should focus on the threats to the Constitution and the affects on families. If we say “hey, I’m suffering under this system,” most will cheer.
Our personal lives are already invisible to most people, because all they see is a mask, the mask of the monster.
How to use our invisibility to our advantage. It’s a thought that begs for a plan.

In Ralph Ellison’s book, Invisible Man, the hero, a modern day Odysseus, found power and freedom from racism in his invisibility. That concept has been bothering me a long time.

I agree with you that Small Claims Court is not the place to duke this out.

Other than that I disagree. Pushing these things through the court system is the only way to achieve any change.

Any of the changes achieved so far have been a result of a law suit. Simi Valley, Lancaster, Orange County, Palmdale, etc. Thank you Janice Bellucci. Frankly, almost all legal actions publicized here have resulted in some result. Maybe there are many others we did not hear about that were shot down? One wonders.

A mass march? Huge media fodder, public outrage and gawking at the ‘monsters’ and that’s it. With masks? This desire to hide in anonymity, though understandable, is a delusion. Most faces are public! They are even on the – gasp – internet.

Many lawsuits have been filed anonymously, with pseudonyms. And even so, the ones that were not…. then what? Again, most people are already public. Take for example the recent OC Parks lawsuit, which had a named party because it was a criminal matter. I would love to hear how this case has truly affected this man’s life. Has it all that much? And he wasn’t even on the web site.

You want to rely on the court system that in California alone has handed down hundreds of rulings blessing nearly anything that comes along to dump on registrants? This is NOT the court system most of us grew up with. This is a dramatically changed court system now. This is NOT a court system interested in fairness or sensibility or justice. It has proven it time and time and time again for many years now.

Unfortunately, if you rely on going hat in hand and asking the court system for help, you can count on getting nothing but continued punishment and prison. A

Your argument against a mass march could have been applied just the same to the mass marches of the 1960s and 1970s for gay rights. And that worked. That was the ONLY thing that worked. That forced more serious consideration by the public and changed the climate because masses of people stood up and DEMANDED their rights and respect and common decency. And it gave the public a band wagon to jump on and support — possibly the most important thing.

Consider: US Supreme Court Justice Anthony Kennedy has said he will not support a ruling for a Constitutional right for gays to marry until he first sees a change in public opinion broad enough. He decides his rulings on the basis of general public attitude, will not override attitudes regardless of law. In the face of that, you will not be getting court ruling we need until we first change public attitude.

In California, all the jurists saw what happened to the majority of the Rose Bird court when they went against public attitude in the name of justice. You will not see courts here take the lead until we first clear the road for them — because they fear they will lose their jobs if they dare do so. You will not even see any real liberals named to the courts until that is accomplished — especially by someone like Jerry Brown, who was so damaged by his judicial appointments of liberals and as made it clear he will not do that again.

If we think we are going to sit back and wait for someone else to do it for us, we have already lost.

maybe we can learn how to file our own lawsuit.

is there a class on that?

Hi NK;
Or maybe everyone in OC should take advantage of this and forget the courts..

I had thought about a lawsuit, too, but rather than coming from the registrants, wouldn’t it be better to have the family membesr and friends who are affected file this suit? After all, they suffer the same, if not more, and they truly do not deserve this at all? Thoughts?

That orange county has been wrong for over twenty years..people have been proving them wrong as they continue to whined false deceptive evidence information to taxpayers ….paper fear…they have no facts..but propaganda.

Would love your thoughts, please comment.x