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?)
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
http://hesperia.granicus.com/MediaPlayer.php?view_id=5&clip_id=1486
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’)):
https://all4consolaws.org/2014/07/cities-grapple-with-sex-offender-code-changes/#comment-122315
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..???
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 disregard.
Janice & Co., I don’t live in California, but watching the results of your work there gives me hope that maybe there’s hope for the rest of the country. I can’t thank you enough for what you are doing.
GOOD!! THANK YOU !!
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 good to know my albeit small contributions every month are helping to fight the ignorance. If any of you are doing well economically, my thanks for your generous donation to this effort and also the vast expenditures of courage that Frank and company have made on all our behalves.
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 and me both. Unfortunately, that is apparently all there is to do in their fine city of Hesperia. Drive through the desert community and you’ll understand why I’m saying this.
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 unconstitutional ex post facto laws in the first place; this is the information these wing nuts are sorely in need of; and that goes for many city counsels throughout the state. Are we allowed to hang the councilman that made that made the threatening remarks for something like “sedition?” Is that law still on the books? 🙂
I used to live in Victorville, which is right next door to Hesperia. I owned a home there and I can tell you that entire valley is very anal towards registrants. I don’t know if this is still happening in the Victor Valley, but the main newspaper there used to print pictures and all manner of personal information about registrants on the front page of their newspaper once a week; The Daily Press. I think they only posted pictures and information on people on probation or parole, . I never looked to find out because what the newspaper was doing had me in terror of being found out! I imagine I felt like a Jew in
1930s – 40s Germany.
I was pretty high profile there and always lived in mortal fear my picture would eventually end up on the front page. Thus creating all sorts of unnecessary problems for me there and ruin the reputation for being successful at helping men and women with alcohol and drug problems I built there. The local drug court people used to call me as a back up when one of their counselors couldn’t make it in to do their class. I remember one sad case there. An old man around 70 was coming to AA meetings and his picture and information wound up on the front page. I had heard some people started saying things to him and I never saw him again. I spoke to him briefly one time and I recall liking the man. I could sense that he was a good man. I hope he is alright. I never did catch his name.
Thank you Janice and Thank you Frank for your efforts.
se·di·tion
: the crime of saying, writing, or doing something that encourages people to disobey their government
: incitement of resistance to or insurrection against lawful authority
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 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.
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.
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?
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.
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 him some background of the reason that Janice and CA RSOL are filing the suits, including the low recidivism rate and the multitude of constitutional violations. But I didn’t want to talk too much, I just recommended that if he REALLY wants all sides of this story, that he should contact Janice before he writes the story. So we’ll see what happens.
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 sure there are some bad people out there, but this is a prime example of why California needs to change their laws and allow those individuals who committed minor offenses to get on with their lives. Its sad to see how some within the judicial system are tying to sell the notion that first time offenders are unable to be rehabilitated?
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 of this world. We were all born into sin; I heard no humbling to the father or any asking of forgiveness for ones own sins. The only humbling I heard from the pastor was for the flock to follow and obey the demons before them and not gods’ law. They were sitting directly under “IN GOD WE TRUST” and it was in direct view of the audience. If the pastor remained in audience he should have given guidance; he said the prayer and I could not see his body language when all was said. I feel greatly threatened by their remarks and for the councils siding with upstanding citizen who must have bowed his head during prayer. As I said earlier they asked for wisdom and guidance and received none. Their conduct shows they lack knowledge and therefore have no wisdom and are truly miss-guided and they are the enablers miss-guiding others and it’s all punishable by everlasting death in the fathers’ eyes. We were all born into sin but they are ranking themselves self righteously. Here in Simi Valley we now have a criminal on our city council and need not say who and what he may have really been doing and the council is currently crafting a prayer for them. I read in the Acorn a person favoring prayer stated “this will give them a chance to pray and ask for wisdom and guidance” they better prayer that they never lose their seat because they lose that Monday night chance to pray. They too lack knowledge as displayed several years ago and I wonder if their prayer will ask for forgiveness? The criminal council member should insist that forgiveness is included in the prayer for his crimes. I lost my brother when I was eighteen to a drunken diver. I am surprised that MADD is not actively asking for his removal but you see it’s OK because it’s only a misdemeanor, he has served on the council for many years and his father was the chief of police. The city has a policy that they must follow the letter of the law and it’s being viewed as broad statement no one knows how does it applies to him. He is a criminal and he should remove himself from that platform but by doing that he will lose full time pay and benefits for part time work, again they are able to rank themselves in sin/criminal level. I do believe and fear god and have nothing against the Pastor but I do feel that his prayer should have reminded people that they are all sinners.
Sorry that I got off on a tangent, I briefly listened to the prayer then went directly to the terrorist threat show which just f****n pissed me off then I went back and listened to the prayer and that pissed me off also that they would try to pray and then simple ignore that prayer, perhaps because important components were missing from the prayer.
I am glad that those individuals are being included in the lawsuit.
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 (and I’m sorry to insult Hillbillies with that) said. Nor did that of any other city council that I’ve heard. Even if they didn’t like it, it seems most took it like big boys and girls and did what they had to do. So i am beyond giddy that these guys, these kings of all jerks, are being SLAPPED with the law suit.
WHAT I WOULD LIKE TO KNOW IS, even if they start to tow the line from this point forward, and do whatever to the ordinance by their next council meeting,
WHAT WILL IT COST THEM? Not specific $ amounts (though I’d be curious on that), but the types of things they will have to pay for to date.
If i understood that female contract attorney, who was at the July 15th meeting to brief them, apparently Janice has sent letters and conferred with them by phone, and of course there are the court filing fees. So will all that time and cost be added in?
And will Mr. Lindsay get a couple nickles (which of course he deserves) out of it?
And will those guys actually have to pay anything PERSONALLY?
Please tell me yes..but only if its true.
But even if the City of Hesperia covers their legal cost, will their being sued personally bump the total amount up?
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 (and I’m sorry to insult Hillbillies with that) said. Nor did that of any other city council that I’ve heard. Even if they didn’t like it, it seems most took it like big boys and girls and did what they had to do. So i am beyond giddy that these guys, these kings of all jerks, are being SLAPPED with the law suit.
WHAT I WOULD LIKE TO KNOW IS, even if they start to tow the line from this point forward, and do whatever to the ordinance by their next council meeting,
WHAT WILL IT COST THEM? Not specific $ amounts (though I’d be curious on that), but the types of things they will have to pay for to date.
If i understood that female contract attorney, who was at the July 15th meeting to brief them, apparently Janice has sent letters and conferred with them by phone, and of course there are the court filing fees. So will all that time and cost be added in?
And will Mr. Lindsay get a couple nickles (which of course he deserves) out of it?
Will those ouncilmen actually have to pay anything PERSONALLY?
Please tell me yes..but only if its true.
But even if the City of Hesperia covers their legal cost, will their being sued, personally, bump the total amount up?
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 the state appellate court decision. Maybe we can cross that bridge when we come to it, but a victory in those federal suits would have been the real nail in the coffin.
Is this a civil right violations?
is there an agency we can complain to?
maybe a http://www.justice.gov ?
thanks
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 might as well change the city’s name to Hysteria
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???