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City of Orange Eliminates Presence Restrictions and Stops Enforcement of Residency Restrictions

In a vote of 4 to 1, the City Council for the City of Orange agreed on August 12 to eliminate all presence restrictions that prohibited registered citizens from visiting public libraries, parks, bus stops, schools and restaurants with playgrounds. The City Council also agreed to stop enforcement of its residency restrictions which prohibited more than one registered citizen staying in a local hotel or motel until the California Supreme Court determines whether residency restrictions are constitutional. The dissenting vote cast on this issue during the August 12 meeting was by Councilman Bilodeau who did not speak to the issue prior to his vote.

“This is a significant victory for more than 100,000 registered citizens and members of their families,” stated CA RSOL President Janice Bellucci. “No longer will they be denied access to public and private places.”

The City Council members refused in a previous council meeting to revise the city’s sex offender ordinance despite a strong recommendation from City Attorney Wayne Winthers to do so. Some of the City Council members stated during the Augusut 12 meeting that they were reluctantly agreeing to eliminate presence restrictions because it would save the city’s taxpayers an estimated $500,000 in legal fees. One member of the City Council acknowledged the California Court of Appeal decision which determined that a similar ordinance in the City of Irvine was preempted by state law.

California RSOL filed a lawsuit in federal district court challenging the city’s ordinance on June 17. The lawsuit was filed after California RSOL sent a series of letters to the City starting in January 2014. The letters notified the City of Orange that its ordinance violated the state and federal constitutions and warned that the city could be sued if it did not revise or repeal its ordinance. The City of Orange has agreed to pay attorneys fees and related costs in order to settle the lawsuit.

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Excellent! Another group of slime balls have decided to obey the law. Unwillingly; I’m sure. I think the primary motivating factor here was saving their collective butt’s in the eyes of their constituents by not taking this any further than they already have and getting a costly bee-ach throttling in a court of law. 🙂 I’ll bet they are resentful as hell they have to pay attorney fees and related costs. 🙂 I think I’ll visit the city of Orange this weekend, get a room for the night and make a quick stop in front of Orange High School, or… Read more »

I think it high time to pay a visit to Orange again!!

I cannot figure out WHY these various cites do not do this as soon as these 3 things come together:

(1) receiving warning letters from CARSOL and
(2) the court decision and
(3) being advised by city attorney’s office to do it.

So they delay and now have to pay thousands of dollars, in taxpayer money, for dithering over a decision that is a foregone conclusion.

Its not like they “prove” anything by it…other than they are not responsible with the people’s money.

Woohooo the Orange Curtain (Orange County) has collapsed .. I can go visit my sister in Orange without being paranoid about cops following me and parked behind my car.. And I go with my sister and my nephews in the parks of Orange and Tustin without fear…

Thank you Janice! Thank you RSOL!

So what are the chances some politician decides to make the restrictions a state law? Will we finally have a legitimate case that registering is punishment?

I should say tries to pass a bill…

At this point in time, it is highly unlikely. Technically, Jessica’s law, the result of the initiative process, is the only residency restriction law on the books, and the courts have ruled it only applies in certain conditions to parolees, inferring that the law does NOT apply to those not on parole. The legislature is currently overwhelmingly Democratic, so it is unlikely that a residency law will pass. The only way this would be a possibility is if the GOP gained heavily in both the senate and the assembly, but right now they are near super-majority status for the Democrats.… Read more »

And, well, there might be another voter initiative hatching out of the deep rural South of southern California. I wouldn’t be surprised if someone is not out there getting signatures for residency restrictions. My guess, though, is they will come up with something that will try to make it harder to challenge these ordinances in court.

And the day after the election at 9:00 AM sharp, Janice will be waiting by the doorstep, first in line, with a completely-written challenge in hand, including an immediate stay of the order, just as was done for Prop 35. And the stay would most probably be enforced, based upon a near-unanimity of current court decisions that have ruled such restrictions as unconstitutional.

Exactly. I had talked with Janice on the once or twice just after she took charge of the California RSOL after the previous attempt to start a state chapter fell through. (The previous people, dropped off the face of the earth.) After Jessica’s law passed, i had heard Janice had personally filed in Federal Court the paperwork needed to get this blocked, lawsuit started. Ironically, i wanted to one day meet Janice and i missed her.. she was just 10 blocks from where i was staying. Anyway, i finally got to meet her in person in San Diego area at… Read more »

Hi Tim;

I think people are actually starting to think about facts once in a while instead of just reacting to the manufactured consent to just pass the avalanche of proposed laws against registrants that are more myth than reality. If anyone does do that it probably won’t go very far.

You said, “the courts have ruled it only applies in certain conditions to parolees, inferring that the law does NOT apply to those not on parole.”

Have there been documented cases stating this? I’m on Federal probation, not on parole, and have been told the restriction applies to all 290’s…and the stay of enforcement only applies to parolees. Obviously the PO office is using semantics to keep me (and others) restricted but if there are published cases I could really use them. Thank you!

Sen. Correa of Orange County tried to pass such a law last year and it failed.

Whewwwwwwwww…!….its also a HomeRun for our Constitution …… works.

The sad part is that these laws are slammed in by lawmakers knowing that they will cause havoc, disrupt the lives of reformed registrants, cause extreme hardship when the registrants are summarily dismissed from their jobs, etc. They leave the truth to be meted out downstream in various appeals courts while they enjoy the glory of the “tough on crime” bs They are never around to apologize to victims of the registry and their families who have been unnecessarily and permanently damaged while these laws ignore the true statistics on recidivism and risk assessments. It would be nice to see… Read more »

I have said this before and do not even live in CA, but have family that does, now I will go visit. I am also glad that the cities have to pay legal fees, great job CARSOL. Stand together people that is how you win!

I see so much change in California, I just wish we could see it in more of a national level. I have so much respect for Janice and the members of CA RSOL, you are the ones who are working so hard for change, keep the good work up and hope your membership grows until you are able to demand a end to the registry. I have seen far to many families hurt beyond belief , their children suffer far more than most know. Most just want to get their life back after they have paid for their crime but… Read more »

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