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Registered sex offender Frank Lindsay today challenged an ordinance adopted by the City of Hesperia which prohibits him and all other registered citizens from visiting public and private locations as well as residing within that city.  The lawsuit was filed after the City Council of Hesperia considered, but failed, to repeal or revise its ordinance on July 15.

The scope of the City’s ordinance is broad and includes restrictions regarding where more than 105,000 individuals can be present.  Specifically, the ordinance prohibits registered citizens from being present in or within 500 feet of a wide range of locations including the public library, schools, parks,bus stops, restaurants and movie theaters.  The Ordinance also prohibits registered citizens from staying in most hotels or motels within the city limits.  A registered citizen who violates the ordinance is subject to incarceration for a period of one year and/or a fine of $1,000 for each violation.

“The lawsuit filed today against the City of Hesperia is unique because it personally names City Council members who acted outside the scope of their authority by ignoring recent appellate court decisions which determined that similar ordinances were preempted by state law,” stated CA RSOL President and attorney Janice Bellucci.  “In addition, one of the Council members threatened physical violence upon all registered citizens and issued a call to arms during the recent Council meeting.”

Hesperia City Manager Mike Podegracz and City Attorney Eric Dunn recommended that the City Council revise the city’s sex offender ordinance in a report dated July 15, 2014.  Their recommendation was based, in part, upon recent appellate court decisions and a threat of litigation from California RSOL.

The first lawsuit filed by Lindsay challenging a sex offender was against the City of Pomona and was filed in federal court on March 24.  Subsequent lawsuits were filed in federal court against South Lake Tahoe (March 31), National City (April 8), Carson (April 11), Lompoc (April 21), Sacramento County (April 30), Santa Ana (May 7), Wasco (May 15), Ontario (May 21), Stockton (May 27), Taft (May 29), Orange (June 17), Beaumont (June 24), and Adelanto (July 21).  Of that total, lawsuits against the City of Pomona, South Lake Tahoe and Lompoc have reached final settlement.  Settlements are pending in four additional cities.

Updated with Links to Media Coverage:

Hesperia sued by sex offender (Hesperia Star)
Hesperia sued by sex offender (Victorville Daily Press – same?)

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Couldn’t have happened to a nicer group of Neanderthals.

I wonder how they’ll like their bleach* now, straight or on the rocks.

*See the below video of the July 15th council meeting, near the end of their discussion on the matter of the RSO ordinance, for this reference

How about 105,000 lawsuits aimed at Hesperia?

Maybe 50,000 could send letters to the Hesperia city council advising them we will be holding a nationwide conference there.

Add Me to that list!!;”-)

That city council is absolutely repugnant. To have the gall to say RSOs should be shot or neutered? They are subhuman and a REAL THREAT to humanity.

When this type of language is offered from a standing body of government, it should be treated differently with regard to free speech rights as these “leaders” have authority and this could be construed as an actual threat to life if acted upon by some misguided vigilante segment of their constituency. Maybe I’ve been watching too much TV but this is utterly fantastic and surreal – almost a script from a B movie. It could be just more than comment when packaged this way. They need to publicly retract this statement and separate the city charter and policies from these… Read more »


I’ll fill in one blank; I guess these people have never figured out that-

“you can’t be in God’s will and self will at the same time.” It’s impossible.

-It’s like oil and water; they don’t mix.

I bet the old coot who said the worst stuff would tell you he is a “good Christian.” Maybe even a Deacon at his church.

consider the source…

OMG – it is ON!!!

“…personally names City Council members … one of the Council members threatened physical violence upon all registered citizens and issued a call to arms during the recent Council meeting.”

My comment from last week on the City Council meeting (including a link to the actual hearing (a ‘must watch’)):

I only wish I had the b@lls of a certain attorney!

,Do we have to file individual lawsuits or does this be the lawsuit representative as a whole..???

I wanna sue too let me know if I can sue!!

Cool rso,

Now now, wait your turn.

Janice and staff will be giving you a part to play as well I’m


This !! –> “The lawsuit filed today against the City of Hesperia is unique because it personally names City Council members who acted outside the scope of their authority by ignoring recent appellate court decisions which determined that similar ordinances were preempted by state law,” Absolutely the best news I have read all week. If only more individuals had to face (or at least have the potential of having to face) real world consequences for their words and actions, others might become more cautious about violating the constitutional rights of others–or at least do so with far less abandon and… Read more »

I am personally helping Janice raise funds for an upcoming major lawsuit. It will be unlike any lawsuit filed to date and will rattle the cages of those who rant and rave against registered citizens and group them together in one big unfair heap. Note: I wave no flag for and do not in any way defend or condone violent offenders and those who are truly guilty of destructive acts they could have chosen not to take. And I don’t believe in pleading “insanity.” But I will say this to everyone reading this right now. Contact Janice and donate money… Read more »


You know, before I joined CaRsol, it was only in my nightmares that it I could imagine beinf arrested for staying in a motel all because some podunk city councilman has pegged me for a serial criminal based on some urban myth about uncontrollable urges. It’s alarming to think that my ignorance about this could have landed me behind bars. The only uncontrollable urge exhibited here is the urge to make laws out of ignorance. And I am beginning to wonder if that uncontrollable urge they speak of to molest children comes out of their own sick fantasies. Anyway, its… Read more »

Some people say that “Ignorance is bliss.” In this case, these ignorant council members need to become educated in the area of sex offenses. They apparently believe that all sex offenders are lurking in the bushes waiting to grab that unattended child walking down the street. I am very much relieved that I do not and will never be living in the city of Hesperia. How these people were voted into office is beyond me. They base their beliefs on assumption rather than fact. You all know what they say when people assume. They make an A#$ out of you… Read more »

They need to be educated about the jurisdiction and affinity of state criminal code and the administration and enforcement of same (We haven’t even mentioned Civil Rights.) They are clearly out of their league and too dumb and stubborn to realize it.

Until they wake up to the realities and complexities of criminal law, they will continue follow each other off the cliffs.

Carving out their own surreal realities smacks clearly of Jim Crow and his modern day counterparts too numerous to name in the inland empire alone.

To hell with “education.” We need to just win the lawsuit and drive the constitution home on their collective butts. This has nothing at all to do with Sacramento, or (inferred) state liberal politics. This has to do with protecting about half a dozen separate constitutional amendments, but if the citizens refuse to be “educated,” then just drop the ax. Period.

punishment is a defacto education. at least it was in my case.

This is so cool it’s off the charts! Way to go Frank and Janice! This is just one more city in a host of cities with laws and ordinances that that violates civil and basic human rights that target one individual group of citizens. It’s starting to look like the creators of the silly sounding “Hesperia model” (did I say silly? I meant ludicrous!) went and shot themselves in the foot really good this time! 🙂 I hope they get a really good information bee-ach slappin because it’s UN-American to treat your countrymen in the manner they do with their… Read more »

It is probably reasonable going forward to refer to this constitutionally malnourished hamlet as “The City of Hysteria” as suggested by the correlation of the actions of the city council and the definition of the word:

…a state of extreme or exaggerated emotion such as excitement or panic, especially among large numbers of people…

I’m not sure it’s fair to label the whole population of the town. In these bedroom communities where people drive 2 hours one way to a major city to find work or are a temporary resident stationed to a local military base, they may not have the time or long term interest to get involved in local politics. That leaves a small click of local chums on the Chamber of Commerce or retirees to run things without the inconvenience of oversight from the State, outsiders and the population of the town getting too involved. Notice that besides red dot man,… Read more »

Considering the general populations overall myth based view of anyone and everyone on the registry I think it’s more than likely fair. At least for the majority of the population. I just wonder when the press (if ever) is going to blow the lid off of the whole “sex offender” lie. They have the ability to do this. So; I wonder what’s wrong with them?

Their usual MO is to sell papers and headlines work better than anything. If the truth comes out, it’s ok, but that is not necessarily their objective. Case in point the link about the Milwaukee ordinance and their chest beating that they somehow took care of a problem.


The press could create an uproar by reporting the truth in an unbiased manner. I think they are afraid of harming their political friends (like the Hesperia city counsel) and looking pro-registrant. If they were honest about it they would see the truth and report the truth. That would mean allot of $$$$ for them.

I guess I have broken the law of Hesperia. I have eaten at In-N-Out off the I15 (500 feet of a wide range of locations including… restaurants) . oh and this is an alias name just for this post that I haven’t updated on my 290pc. STRIKE!. I’ve also heard that there is a Computer Fraud and Abuse Act which requires everyone to use real names anyways. Guess umpire is going to bench me for 25 years.

Me too! I’ve probably broken quite a few laws there myself! I used to go to the same In N Out and allot of other places there.

So one of these miscreants sitting on the city council refers directly to the Legislature in Sacramento as a “Cesspool” and another describes their predicament as “being molested by the legislature”. While I respect freedom of speech, there is also freedom of association which should prompt any level headed constituency to start removal proceeding against these oddballs somehow put in the public trust.

I think they are acting angry because they are in fear of losing their coveted presence restrictions. Let’s not forget; the state of mind that anger comes from is fear. Their scathing references to legislators in Sacramento reminds me of a cornered and fearful animal lashing out a perceived threat. These whiners had to know they don’t have a leg to stand on, and their insult barbed statements also show a disturbing disrespect for our system of governance.

j–He also stated “that’s who the “real” molesters are”. Was he referring to our ex-governor who had sex multiple times with a minor while he was in his late twenties and reportedly groped women numerous times?

These remarks from this misguided governing body need to get some media attention and the Public Safety Committee in Sacramento need to know how they are viewed so they can kindly return the favor to the fair city of Hysteria.

Imagine their remarks in headline news…

Are you talking about Conan the barbarian? I never knew that! 🙂 That hypocritical sly dog!

People like these only resort to threats, insults, and name-calling when they know that their arguments are flawed and irrelevant. I wonder how they feel about the lawsuit now? Especially when the city attorney actually takes a look at it and explains to them that they have no valid defense to the plaintiff’s claim; they are in clear violation of State law. This won’t even go to trial, it’ll be settled in law and motion, if the City of Hesperia even wants to waste that much money.

It seems like they only like the laws that suit their purposes. They want to pick and choose which laws they will obey and disregard the ones they won’t. Imagine what they would say if we wanted to do the same thing. They’d be screaming for our heads after a lengthy prison term! I think our state legislators and the supreme court should stand their ground and bring this city counsel to heel, and make an example of these rebels, and use the “Hesperia Model” as an example of what cities should not do and how city counsels should not… Read more »

I called Gary Brodeur, the reporter for the Hesperia Star. He is the reporter whom the city council called out specifically to, frankly, fire up the pitchfork and torches crowd in print. This segment starts just after the 1:27:00 mark of the video. I informed him that Janice filed the lawsuit just against Hesperia, but also certain council members for their libelous (slanderous) statements on the record. He was surprised to hear that the suit was filed so soon, but I sense that he is going to be on this story like a fly to molasses. In fact, I gave… Read more »

Thank you, Eric, for reaching out to the reporter mentioned during the City Council meeting. We issued a press release to many news sources and have yet to receive a response. Perhaps we will hear from the Hesperia Star. If so, we can only hope that the newspaper will objectively report what occurred at the meeting as well as the reason for the lawsuit. We will add any stories published about this lawsuit on the website.

“THE HESPERIA MODEL – If you can’t shoot ’em, neuter ’em!”

This would be inappropriate in any other case, but since the words were actually stated on the record in a sanctioned government venue, I believe justification is warranted for this post.

I feel bad about the things they said about you Janice. I hope it just makes you stronger. You are more loved and appreciated than all of those ignorant politicians.

That was a clear cut case of character assassination. I don’t think anyone would worry or feel bad about what was said; especially after watching the video and seeing the way those counsel members behaved. With those people it’s a case of “if it looks like a duck… usually is.” character assassination noun : the act of saying false things about a person usually in order to make the public stop liking or trusting that person : the slandering of a person usually with the intention of destroying public confidence in that person That’s all it was. That was the… Read more »

THis is one really disturbing article. I mean, these are some seriously angry individuals who have a great deal of hatred! I plead to my offense almost 19 years ago, received summary probation and the offense has subsequently been expunged? (Massage parlor). Ive not been arrested since/prior? Do people hate me? Maybe the council man should visit a half way house and see whats there (gang members, drug addicts, drug dealers, murderers and the list goes on and on). I actually met a man who just got released after 15 years? He was scared. So, to say the least, I’m… Read more »

Who and what do these people think they are and s**t they prayed asking for wisdom to guide them even accepting the pastors suggestion that they are an earthly extension of the of Jesus’ forming heavenly governing body. First one must seek the written word to gain wisdom, and I really mean you must truly gain that wisdom through knowledge and understanding then you can guide yourself. God does not give you knowledge through prayer nor does he give you guidance through prayer nor does he even intervene to protect you. Remember, Jesus said his fathers’ kingdom is no part… Read more »

I cannot add to these profound words, but only can thank you from the bottom of my heart.

Holy smoke.
Raging idiots. So they dont like the State of CA telling them what they can and cannot do? Go buy your own island and make the rules then. And cry me a river while your at it. I am GLAD that this current lawsuit names names. I hope that Janice wins it, and gets tons of money off it too. I am grateful for her courage in coming forth and trying to help the people who have the horrible label for life. I wish all the residency restrictions were GONE. no need for them, I feel.

OK, So, I think these guys will now fall all over themselves to repeal or admend (to say the SAME thing state law does. Which is silly) this ordinance. And i will be very happy to see them eat crow. I thought i was happy when O.C., and thus the OCDA himself, was give egg on his face by the courts. As well as all the O.C. cites that followed his Chicken Little type logic to pass their parks ordinances. But at their very worst, his public comments didn’t even come close to the kinds of things theses high-desert Hillbillies… Read more »

Im a little confuse here.

1. did they just “Pledge of Allegiance” where it end with ” JUSTICE for ALL”

OK, So, I think these guys will now fall all over themselves to repeal or admend (to say the SAME thing state law does. Which is silly) this ordinance. And i will be very happy to see them eat crow. I thought i was happy when O.C., and thus the OCDA himself, was give egg on his face by the courts. As well as all the O.C. cites that followed his Chicken Little type logic to pass their parks ordinances. But at their very worst, his public comments didn’t even come close to the kinds of things theses high-desert Hillbillies… Read more »

The City of Hesperia will have opportunities in the future to do the right thing, that is, to revise their ordinance to reflect state law only or to repeal it in its entirety. Even if they do this, the City and the Council members named in the lawsuit will be required to pay for their mistakes. The amount they pay is subject to negotiation and the final decision will be made by the plaintiff, Frank Lindsay, who was personally harmed by the outrageous public statements of the Council members present on July 15. Stay tuned.

Janice: Every time I read your words on these matters, I smile…a lot! Thanks to you, Frank and the others at CARSOL, I’m smiling a lot more lately. My family says it looks good on me. You all are a huge blessing to all of us who are simply trying to move on with our lives. THANK YOU!!!

Not to underscore the recent victories, but having watched a little bit of the video and the dialogue between the city attorney and one of the councilmen, I am reminded that we may have a victory… But we are at a growing threat of being subjected to a statewide ballot initiative that could put us back to square one and/or even worse restrictions. Lawsuits against presence restrictions were introduced at the federal level against four cities by one plaintiff, but if I’m not mistaken, all of those cases were settled with repeals of the ordinances or perhaps were withdrawn by… Read more »

Is this a civil right violations?
is there an agency we can complain to?
maybe a ?


Cam you believe the city of Hesperia actually posted this on their facebook?

City of Hesperia
July 4
Happy Independence Day!

City offices will be closed all day today in observance of the holiday. We hope everyone has a wonderful time celebrating with their family and remembers not only to be thankful for our freedoms today, but every day.

They forgot to thank themselves for the freedoms they took away from people who have completed their sentences and have absolutely nothing to do with their fantasies about criminal justice. That is a conversation they will spend a lifetime eluding.

Everyone?!? freedom?!? Which everyone?

They might as well change the city’s name to Hysteria

Now THAT is funny.

I feel like I just watched a movie from the Twilight Show. What a scary bunch of ignorant politicians. Maybe all politicians should be required to have graduated law school???

Politicians should be required to have at least minimum standard requirements to be educated in History, Political Science, and yes — some sort of training in law, and I don’t mean law enforcement. People seem to confuse the two: understanding how to ENFORCE a law is not the same thing as understanding why the law is a law and if it is effective, fair, and Constitutionally sound.

Aren’t WE ALL harmed by the statements of that alleged public servant (s) ….????.. the statement (s) were on ALL ‘sex’ offenders.

Doesn’t the city harm effect us ALL..??…Individual lawsuits or as a whole.????

Class action? It’s about time these wing nuts got a taste of their own medicine!

A class action lawsuit at this time is not feasible due to limited resources. If and when additional resources are available, a class action can be pursued.

How much do we need?

Frank Lindsay is a victim of burglary, assault, and battery vis-a-vis the Megan’s Law website, and which is documented in police reports, hearings, and sentencing records. How dare the council members of Hesperia make such outrageous threats against Mr. Lindsay. Hasn’t he suffered enough violence and aggression? And now he must fear for his life at the hands of municipal officers? Shame on the City of Hesperia! Even if their comments were not meant to be taken seriously, common law has long established that intent to harm not be required to prove intent to inflict emotional distress. The post-traumatic anxiety… Read more »

sérviam: So true! Even a quick stop at MC Donald’s can turn into a felony for some people. It’s unfortunate that the law seems to be more about precedent rather than common law these days. It seems in this society all men are not considered equal thanks to people like the Kankas and that rat Bill Clinton-he’s the one that plunged a knife in the back of America with his NAFTA BS and then twisted the knife by signing megans law; I’m sure he is not a wise man. Being a Rhodes scholar doesn’t mean you have common sense or… Read more »

Eventually, after most of law enforcement, legislators, and government executives start to see the truth and factualness of the empirical evidence presented before them, they’ll probably be echoing the sentiments of Steve McQueen’s character in the Magnificent Seven:

A fella I once knew in El Paso, one day he took all his clothes off and jumped in a mess of cactus. I asked him…why? He said it seemed to be a good idea at the time.


I think $ needs to be taken out of the equation. Any state that doesn’t have and maintain a sex offender registry looses a certain percentage of federal funding for law enforcement. I have to wonder if the numbers actually add up in some states when I consider the massive focus on registrants by LE and the neglect of other crimes because of this.

Just a thought;

Perhaps there is someone in Sacramento who would find the statements made at the Hesperia counsel meeting interesting? I tries to grab the video with several video downloaders and none of them worked; bummer!

What did you use to grab the video? Did you try WonderShare?

I use SnagIt for work to record my screen and do narration for tutorials. As long as you have a mic, that will work, too. There is a 14 day free trial w/out any water marks.

Good luck.

I haven’t been able to find a video downloader that will get the video of the counsel meeting! I’ve been looking on cnet. Does snagit capture video?

Could someone email the relevant portions of the video to the following email address, please?:

I find it ironic that Hesperia rhymes with hysteria. This council is out of control especially given that there is no evidence that registries even lead to a decrease in sex-related crime. I am a sex crime defense attorney and was recently quoted in an article about the proposed changes to CA registration. My firm supports these proposed changes. A registry is based on the supposition that monitoring existing offenders in the community will decrease the risk of re-offending. However, Department of Justice figures show us that sex offenses are committed by someone a child knows – in 93% of… Read more »

Any of the changes that I’ve seen have not addressed ex post facto application of the law, just carving out more punishment for certain offenses and possibly relieving others of either the duty to register. Have you had dialogue with legislators about the imposition of ex post facto punishment, or plan to?

According to the 2010 census, Hesperia had a population of a little over 90,000. 23.1 % live below the federal poverty level. 76.6% had a 12th grade or higher education and 10.1% had a bachelors or higher. This is compared to 80% and 30% respectively for the state population as a whole. According to the city’s latest financial report, the major employer is the school district with 2000 employees. All other employers make up about another 2000. The vast majority of people work somewhere else. The city’s revenues came in at $92.1 million, expenditures at $98.7 million a deficit. With… Read more »

Also maybe we need to back up the stick with a carrot. Lawsuits followed by advocacy for better education. I’m in favor of turning the grants used to encourage the incarceration of more people into educational grants to deal with the problem of child abuse in the home and institution, using other than punitive means. Hey, America is a place of innovation, I think we forget that in a mad rush to punish. This race to the bottom to drive whole classes of people to subsistence levels can’t be good for anyone except those who hold shares in the prisons/industrial… Read more »

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