The City of Santa Ana was sued today in federal district court challenging a city ordinance that prohibits some registered citizens from being on or within 300 feet of city libraries, learning centers, schools, parks and museums. Santa Ana is the 7th city or county to be sued in a period of seven weeks.
“The City of Santa Ana ordinance violates both the federal and state constitutions,” stated CA RSOL president Janice Bellucci. “California RSOL warned the city about its ordinance both in writing and through testimony prior to its passage, however, the City chose to ignore those warnings.”
Before the lawsuit was filed, California RSOL also sent a series of letters to Santa Ana Mayor Pulido advising the City Council of two Court of Appeal decision that determined similar ordinances in Irvine and Orange County were preempted by state law. The first letter was sent by California RSOL on January 20 and the final letter was sent on April 24.
The lawsuit filed today was the second legal challenge of Santa Ana’s sex offender ordinance. The first challenge occurred in May 2013, however, the case was dismissed by federal Judge Carney after he refused to allow the plaintiffs in the case use the common pseudonyms, John Doe and Jane Doe.
“Today’s lawsuit was filed because the City of Santa Ana refused to act in accordance with existing state law,” stated CA RSOL board member Chance Oberstein. “The California Supreme Court has spoken and left in place the appellate court decisions which determined that cities cannot adopt laws that prohibit the presence of registered citizens within their jurisdiction.”
This one is going to be really interesting. I grew up in Santa Ana and Orange; these two cities are right next door to each other. As I recall it was Santa Ana that force registrants to wear jail overalls and lock them up in a jail cell for hours, sometimes with dangerous felons when the registrant would go in for their yearly registration process. If this city repeals it’s ordinances before court action is initiated I will be surprised, considering their anal attitude towards registrants in the past, but then it sounds like they have already been put on notice to repeal their illegal ordinance or face legal action. The county court house, where Tony Baloney does his twisting of law is only a couple of blocks away. I wonder if their city attorney is going to go running to Mr Baloney whining about CA-RSOL. There is allot of crime and corruption in Santa Ana; it’s a nasty place! And thanks Janice and Chance!!!
Are the people passing these ordinances on some kind of drugs? Can ANYONE explain how goes on? Or have I wandered into supermans bizaro world?
Oye como va! I’m surprised there hasn’t been a flood of respondents wanting to avoid legal action since the state supreme court denied review. Stubbornness has ugly results.
If there is no law that can put a free person to further restraint as the state courts here have held why the need ofof federal ..??……..for example there is no gov wallace blocking entrance wherefore federal action would be needed from say President Kennedy and attorney general Bobby Kennedy …..this state has already ruled and its good as gold.
Yes, this is the same city that Janice sued exactly one year ago for their abusive jailhouse registration process! Hopefully they will back down real fast, just like last time.
Uh, each and every time I go to Santa Ana to register , the process takes more than. 2-hours (even if no one is present ) and I normally have to use the bathroom . The department doesn’t allow civilians to use their restrooms and each time to registering lady tells me to go across the street and use the public restroom in the public park! Now, read this very , very carefully Janice ! The Santa Ana office where you register is probably within 200 feet of the park ! So, the registering woman is telling me to break the law and use the public park and the office is within 200. (Not 300 feet) of the office ! So, if the OC Sheriffs Office wanted , they could wait out in the street and arrest every registrant parking their car and walking into the building ! This is something to think about! Hmm
Does SA still require registrants to wear a jail smock when registering? I thought CAROSL was doing something about that too.
that was gross. Not only did it humiliate you by making you feel and look like you were in custody, but they only had one pile of 3 or 4 tops and you could not wear a t-shirt under it. You had to slip one on your bare skin and who knows how many other people, in various states of hygiene, wore it before you.
It doesnt apply to me, but for others, they make you strip off your jeweraly (earings) like your being booked.
Guys , we need to think out of the box ! First, Janice might want to go over and measure the distance from the building to the park? It’s about 200 feet? So, Santa Ana is requiring registrants and unlawful place to register . Furthermore, I’m always early and very prepared to register . I’ve never finished earlier than 2 hours or more! So , if I left to use the restroom , I would have to get in my car and I would never finish? This is a lawsuit!
Is the OC Sheriff dept still not enforcing the park ban?
C’mon man….the superior court panel of judges ruling stands …the appeals court ruling stands…cal-supreme court won’t overturn previous rulings…..c’mon…you’re a free man…if they arrest even one now they really arrested the whole registry subject to major massive multimillions of dollars settlement $$$$$$amount.
I just want to say to the individual(s) who are not afraid to fight these bullys THANK YOU!!! Thanks for doing it for all of us. Because of YOU, JANICE and the CA RSOL team the fight is being fought and voices are being heard. I pray GOD will bless you all and give you the strength to fight the good fight!! i pray that for all of us…
Guys, for the last 3-4 times I registered, it takes no less than 2 hours each time. I’ve even waited for 3! So, looking back, each time I go to Santa Ana, I’m going across the street to use the bathroom (breaking the law) and walking out to my car thats about 200 feet or less near the park! In addition, the woman clearly doesn’t know what she is doing, stated I must carry the receipt they give me at all times (or I can get arrested) and doesn’t seem to worry that some people have jobs and this is an almost all day ordeal. Time is Money!
I have no idea. They give you a clipboard and you fill out the paperwork and initial it. Then, you turn it in and wait and wait. Then , she asks you come in again and they finger print you via a computer (each year). Then , your told to go out and wait again . From my understanding , the finger prints are sent to the FBI to confirm it’s you or perhaps check of you have warrants? ( I’ve only been arrested once 18 -19 years ago )? Then, after waiting, she has you come back in , take a photo and gives you a receipt . It’s a 2 hour ordeal . I just registered a few months ago . It’s like this all the time.
When we (RSOL, Janice and team) stood in front of these people (the Santa Ana city council) the picture wasn’t pretty. It was a hostile environment (Nothing NEW). After giving out our lines of reason and logic… the mayor stated basically it’s okay for a registrant’s child to be put at risk without their parent.
She then kept kissing DA-Tony’s hind parts. I was surprised the man could even set back down with his ass being so chapped! It was laid on so thick that we all started getting embarrassed.
These people might just take it all the way to trial. They’re just that stupid,thick and dumb. (IMO)
“We must admit in ourselves that our own children’s future cannot be built on the misfortunes of others. We must recognize that this short life can neither be ennobled or enriched by hatred or revenge.” – Robert F. Kennedy