Faced with the threat of lawsuits, the Bell Gardens City Council Monday voted to repeal an ordinance restricting the movement of registered sex offenders in the southeast city.
The council’s decision comes following recent court rulings striking down local sex offender laws that exceed state regulations.
In 2009, Bell Gardens adopted an ordinance that bans registered sex offenders from being within 300 feet of parks and other locations where children gather.
“We’re not doing it because we want to do it, we’re doing it because we’re forced to do it by state law,” Mayor Daniel Crespo said about the reluctance to vote to repeal a section of the city’s sex offender law. Full Article
ONE of the main problem is the one-size-fits-all nature of these varius ordinances.
As we all know here, there are indeed RSOs who are a danger to the public and then there is the vast majority who are not. I don’t get how these counties and cities don’t get that. Or mybe they just pretend not to.
So If you feel the need to craft such laws, they should at least be crafted on that bases.
Now you know why FEDERAL LAWSUITS are our ONLY weapon of substance in this battle.
The city council members were whining and moaning “oh, we didn’t wanna do it but the state forced us” instead of actually researching the REASON the laws needed to be overturned. One of them could have courageously said the following:
“Well, the laws are only feel good laws, but in reality there is far greater danger from family members and friends of the family than registered sex offenders at committing an offense, and we understand that the reoffense rate is negligible for registered sex offenders, no matter WHERE they live. So I’d like to take the opportunity to direct our resources toward real prevention measures, such as providing our community’s parents and teachers with information to keep their children safe in the community and online, and in extension making sure our Constitution is followed by all people.”
….{{{NEVER GONNA HAPPEN}}}….
They shouldn’t have an iota of code whatsoever that even deals with victims of the registry.
Sentencing and punishment in relation to the initial registerable offense was meted out at the state level and any amount of punishment or regulation outside that initial case is not their domain and is in conflict with the state constitution.
The recent ruling indicated the state occupies the field exclusively. The only thing local jurisdictions should be doing is complying with existing state laws.
It is so hypocritical that virtually all elected and appointed public officials servants have sworn oaths to uphold state and the US constitutions. Yet seemingly out of sheer ignorance, they proceed to unravel these fundamental principals with godspeed if it involves political or financial advantage.
What would the world be if every body of government, no matter how small, took it upon themselves to interfere with state criminal law and create utter chaos while undermining the constitutional rights of registrants at whim.
California RSOL applauds the City of Bell Gardens for making the right decision by repealing its sex offender ordinance. Because the City has made the right decision, it will not be sued and taxpayer dollars will be saved. We can only hope that the citizens of Bell Gardens will learn that their fear regarding registered citizens is misplaced. It is NOT registered citizens, but instead family members, teachers, coaches and clergy that are possible perpetrators of sexual assaults upon their children. Perhaps the City of Bell Gardens could pass an ordinance that reflects these facts.
Anyone notice the stab at Janice’s motives and character in this statement?
“This attorney realized there’s a market to bring these lawsuits against cities and get attorney fees.”
They are starting to hit below the belt. First the remarks on Janice’s motives in Hesperia and now this statement from Bell Gardens. Perhaps if they ever realize a little education would lessen their frustration they wouldn’t feel so sorry for themselves. There has to be some sort of outlet capable of getting the correct facts and statistics to these city counsels. I think this would be a good thing for the cause; to show them what CA-RSOL is doing is not to thumb our nose at them, but that it’s being done because it’s the right and just thing to do. All they know of registrants is myth, lies and hype. These cities need to know the fact based truth.
The exact problem with a failure ordinance is that its in direct conflict with state and federal Constitutions …period..
This is a good example of why none of these city laws should exist. First, I had no idea Bell Gardens had city ordinances? When I think of Bell Gardens (sorry), I think of illegal immigrants, Hispanic gangs , many of the men I met through prison ministries live there and the city has bigger things to address ! You would literally have to have an iPad in your hand of you travelled from one city to another. Really dumb