The City of Mission Viejo has agreed not to enforce the presence restrictions in an ordinance it adopted in January 2012. The agreement is now in effect and will continue to remain in effect unless the State Supreme Court makes an adverse ruling in a related case.
According to a letter from Mayor Trish Kelley dated February 21, 2014 (below), the Chief of Police Services and the City Attorney recommended to the City Council a stay of enforcement for the city’s ordinance. The presence restrictions in that ordinance that will not be enforced include all city parks and recreational areas.
“This is a great victory for more than 105,000 registered citizens in the state of California,” stated California RSOL president Janice Bellucci. “No longer will those citizens be denied the use of parks and recreational areas within the City of Mission Viejo.”
Mission Viejo is one of a growing number of cities within Orange County to either agree not to enforce its presence restrictions or to repeal its presence restrictions. Some cities, such as Lake Forest, repealed its ordinance after a lawsuit was filed in federal district court. Other cities either repealed their ordinances or issued a stay of enforcement after receipt of a letter from California RSOL dated January 20, 2014. In that letter, California RSOL notified the cities of two recent decisions by the Court of Appeal that determined such restrictions to be preempted by state law. Also in that letter, California RSOL requested that cities repeal their ordinances within 60 days and warned that if the ordinances were not repealed, the cities could be challenged in court.
Review by the California Supreme Court of the California Court of Appeals decisions to which the CA RSOL referred in its letter has been requested by the Orange County District Attorney. The Supreme Court is not expected to grant review of those decisions.