STOCKTON – Seemingly without a say in the matter, and with a lawsuit filed against Stockton, the City Council appears likely tonight to repeal an ordinance that restricts some movements of registered sex offenders in places frequented by children.
According to a staff report included in tonight’s meeting agenda, the city has no choice because recent court decisions have decreed that state law on the movement of registered sex offenders preempts local legislation. Full Article
Agenda: http://www.stocktongov.com/clerk/granicusagendas/citycouncil/20140729.pdf (p. 52)
July 29: Repeal Motion passes 6-1 (Mayor Anthony Silva opposing)
Hmmm…. “Stockton has embarked on an effort to amend the general plan to better reflect the city’s needs in light of the great recession.” I think that’s a great idea. I also think the state has done Stockton and many other cities a favor by ruling state law preempts local law regarding the movement of registered citizens; especially in light of the fact that the police have not issued one single citation in the last 12 months to anyone for violating the Stockton ordinance, which makes it seem like the ordinance restricting the movement of registered citizens is unnecessary and a waste of much needed time and thought better spent elsewhere.
I don’t agree with the statement that Stockton had no say in the matter. This issue could have been entirely avoided had the city counsel researched the facts surrounding registered citizens. Had this been don I don’t think the ordinance would have been approved in the first place. I also think the state needs to get rid of their residency restrictions because the fact’s don’t line up with the logic for having them in the first place. I found some information put out by the California Sex Offender management Board that sums thing up. The first one is the tiering report for 2014 and the second one is titled “Just The Fact’s.”
http://www.cce.csus.edu/portal/admin/handouts/Tiering%20Background%20Paper%20FINAL%20FINAL%203-21-14%20(2).pdf
http://www.cce.csus.edu/portal/admin/handouts/Just%20the%20facts%202-26-141.pdf
I think anyone that checks these short papers out might be surprised!
The council voted 6-1 in favor of repealing the ordinance. It didn’t take long for those entrusted with the running of the city government to make a decision essentially void of emotion. They clearly can see the courts ruling and the inability and sheer impracticality of a local government to deal with complex criminal justice issues without making a mockery of the constitution.
Well done Janice!