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Assembly Bill Would Authorize Cities, Counties to Adopt Presence Restrictions

Assemblyman William P. Brough introduced Assembly Bill 201 on January 29 that, if passed, would authorize cities and counties to pass laws that restrict where registered citizens may be present. Brough is a Republican member of the Assembly from Oange County.

“This bill attempts to reverse decisions of the California Court of Appeal and Supreme Court made in 2014,” stated California RSOL President Janice Bellucci. “The bill would also reverse the positive results of lawsuits filed last year in federal district courts.”

During 2014, a total of 26 lawsuits were filed challenging city and county laws that prohibited registered citizens from visiting public places, including libraries, parks and museums, as well as privately owned places, including movie theaters, bowling alleys and fast food restaurants. Of that total, more than 20 lawsuits have been settled and an additional 51 cities and/or cities have voluntarily repealed their ordinances.

In the past, there have been two failed attempts to provide the same authorization to cities and counties.
“We must remain vigilant to keep the victories we have won. California RSOL will fight this bill and all bills that further erode the civil rights of registered citizens and members of their families,” stated California RSOL Vice President Chance Oberstein.

Bill Info

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My god these laws are so unfair I can not beleive how inhumane and unfair people are. It’s crazy that so many people who may have made a mistake in their life that caused very lil to no harm at all to anyone have to pay for other peoples crimes. The real monsters that really hurt adults and children get locked up forever but for all of us who just made a bad decision or made a poor judgement call have to pay for the real monsters crimes. Where the hell is the justice in all this bs. I seen… Read more »

Unbelievable why don’t they just lock us all back up and put us in prison again

76,000 of us, that’s the only reason. These laws are a cheap substitute to building modern internment camps. For now it’s internment in gutters and under bridges and in industrial zones, thanks to Jessica’s law and potentially these ordinances. The shivering masses don’t want to pay for any of this, though.

You know; there really is no excuse for these people who want to do this. There is so much information (empirical as well as statistical) that there is no reason for them to be so ignorant of the truth. If the system wishes to prosecute someone for any kind of crime, ignorance of the law is not viewed as a valid excuse, yet it’s perfectly acceptable to enact laws based on ignorance of the facts and truth, and then to prosecute people for violating these dubious laws. There’s something wrong with this picture; terribly wrong! There are dark forces at… Read more »

Figures…this proposal coming from orange county do as your told puppet …it was a Constitutional failure then…Its a Constitutional failure NOW……………..Whewwwwwwwwwwww.!!

Obviously, the lawsuits are a DIRECT result of Janice and CA RSOL’s onslought against the unconstitutional actions brought out by the cities. To be blunt, the bill is DOUBLING DOWN on the stupidity shown by the cities with regard to the Constitution. While the majority of fights have been to restrict the cities to respecting current state law and not to add to the restrictions, this bill contains a multitude of laughers. Let’s start with the opening statement: 290.03. (a) The Legislature finds and declares that a comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders… Read more »

Everything you say is absolutely true, but the legislation under consideration is an amendment to 290.03. The change proposed is a little paragraph at the end of 290.03 that says the state does not preempt regarding presence restrictions.

Well, I mail some letters to the folks on the safety committee with the facts.

These repeated civil right violation proposals especially from the home of the changed court record after immediate backhall conference …they won’t honor you a fair trial there so what do you expect to honor your civil rights from double jeopardy ..?…..this further proves and is ripe to challenge this states registry as punitive. ….double jeopardy …putting people on registry so to undermine civil rights…….this is further proof….their greed to bad policy will be their downfall and this listing.

Orange County is my responsibility. I will take a very strong interest in Assemblyman William Brough. He by introducing this Bill just put my children in the cross-hairs of danger by taking away their first line of protection (their parent). Children sometimes get hurt in parks and beaches whether from choking on a hotdog or falling out of a tree…if those children are the children of registered citizens they’re not good enough to have the protection of their parents in parks and beaches. There is no history of registered citizens violating against children in the parks and beaches to justify… Read more »

The proposed legislation attempts to solve a problem that does not exist.
If the problem did exist, the bill’s provisions would do nothing towards solving it.
California has the SOMB for a reason: to keep the focus on the real world of facts and viable, effective actions. The assemblyman’s bill exits the world of facts and travels to the world of delusion and prejudice. The bill deserves to be defeated and the SOMB’s tiering proposal adopted.

How can this be possible to even consider? So, it was determined that this was unconstitutional, and now it is not? Do they just make up their minds with the changing of the weather? It should not be that easy to just introduce a new bill every time someone thinks things need to be changed and get it passed, just like that. What are the chances of this bill actually being passed? This really would be punishment beyond belief. We are all paying taxes in this country, and most have served their time. THIS IS UNCONSTITUTIONAL.

I am going to go on a limb here and say that this bill was a free campaign ad for the assemblyman, simply because it’s a non-starter. I really don’t see how this bill will ever get out of committee in a heavily-democratic Assembly or Senate on Constitutional grounds (re: expectation of costly legal defense), let alone to the floor for a full vote.

Milwaukee, Wisconsin is finding this out the hard way.

My feeling is this idiot knows this is illegal and won’t get passed. Even if it did, it would be struck down. Mr. Brough is not concerned with children, public safety, nor creating good law; Mr. Brought IS concerned with getting hysterical parents who have been conditioned by politicians and the media to think sex offenders are lurking behind every bush waiting to grab their kids to vote for him. It’s one of the most vile and pathetic forms of bottom-feeding fear-mongering politics there is. But, unfortunately it works for people like him more often than not. here is the idiot who is introducing this bill we need to keep a list of these fools so we know not to vote for them or support them in any way and also bombard them with opposition and facts to how ignorant they are.

Just more of the same: A solution looking for a problem.

I don’t think this bill will pass or even get to a vote. There is a legitimate state interest in the state pre-emption on matters like this. Suppose you are a RSO traveling into a city with a presence restriction. You pull up to a restaurant to eat and the police happen to scan your license plate and discover you are a RSO and that your restaurant is within 300 feet of some restricted zone. How is a registrant supposed to know the ordinances of each city in the state? How are the supposed to know which parts of the… Read more »

This state registry is ripe to challenge on illegal punitive grounds and civil right violations …these repeated failure wannabe..never will be..restrictions on free citizens and the recent ca scourt said what the registry really is…………………….they said it…………..these are HomeRun opportunities of free people to break from oppression ….I want to put my name and input and would love a job to help free people from oppression.

I’m guilty of unwittingly trespassing in a “child safety zone”. This past holiday season, while traveling northward with my family to visit relatives, I made the mistake of stopping at a gas station/travel center in San Bernardino. We got gas, purchased some munchies, went potty and stretched our legs. How were we supposed to know that this was forbidden. It is also a video arcade based on the county definition making it a “Child Safety zone”. The travel center had several pinball and video games. Honestly, I didn’t even know I was in violation until their ordinance was repealed last… Read more »

Yeah eventually we need our own Green Book for traveling…

I remember coming across the Green Book and posted a reference here somewhere on this site. It would be an ambitious project, but if someone could document the presence restrictions throughout the states, in a travel guide like format, for those labeled “sex offenders”, it would be a powerful document to show how punitive this all is. If only I had a million dollars.

My thoughts are that if states, counties, and cities want to create child safety zones, than maybe they should be responsible to chart such areas on GPS capable handheld devices. At least this would be equal protection for any bloke like me that may be traveling and doesn’t have the time or patience to sort through every jurisdictions idiosyncratic list of presence restrictions. In today’s electronic era there should be a virtual “Green Book” created if they earnestly expect registrants to abide by these ridiculous ordinances. How else can they expect us to instinctively know when we’ve crossed their borders?… Read more »

Since the state is responsible for putting us on these lists, they are responsible for the rules that “regulate” us. I don’t see how they can cede that responsibility. If they want to give localities Carte Blanche to make up additional rules then, yes, the state has to collate all these rules and make them amendments to PC 290, so that we all know what we are supposed to do to avoid penalties or incarceration. What other class of people was put into this situation, but Blacks during segregation. Oh yeah, let’s add Chinese during the gold rush, Irish near… Read more »

290.03(a)(7) is complete nonsense in the first place. No real study has ever found that registration and/or notification has increased public safety, AND there is definitive proof that registration and public release of the information has resulted in significant criminal misuse! In addition, the proposed changes ARE intended to further punish registrants, because there is no evidence establishing this increases public safety in any way. Janice, is there a way for this to be challenged because it is the complete opposite of the truth? Also, is it possible for it to be challenged because it does not put any limitations… Read more »

As stated in the article above, “We must remain vigilant to keep the victories we have won. California RSOL will fight this bill and all bills that further erode the civil rights of registered citizens and members of their families,” stated California RSOL Vice President Chance Oberstein. We have helped to defeat two prior bills — one in the Senate and one in the Assembly — that would have done what this bill is trying to do. We will do our best to defeat this bill (AB 201) as well.

Janice, I am interested in placing my hat into the ring to fight this particular law more head on. I’m willing put my name out there and on the line to fight this proposed law on behalf of all California registered citizens and their families. Please get in touch with me via the email provided and i will give you my home telephone number which is unpublished anywhere.

Thank you for boldly coming forward to help champion the fight forward. Together we can and will make a difference.

What about monetary damages for denying access to public places that we as tax payers have paid to create. I’ve paid taxes since I was 14 years old and am now 47 so all my taxes that I have paid to build these parks and libraries and all the other places they want to deny me access to should be returned to me since I wouldn’t be able to use such places. Hell I have more of a right to parks and libraries then other peoples kids do since I actually paid for them. There’s also the fact that I… Read more »

@Eric Knight: Good post. Thanks for the link to the Milwaukee story. They raised a lot of important issues in their news story. If course, at the conclusion of the piece, the newscaster erroneously – and certainly intentionally – referred to all sex offenders as “predators”.

Food For Thought. IF sex offenders are a separate class, then it is my thought that all other government laws do not apply unless they also list sex offender.

Next it will be if I buy a car from someone and get a traffic ticket then the gov can take my car because there is a higher probability that I will drive recklessly or drunk in the future. The gov is stealing our tax money by denying us access to parks and other public places and are in fact using such places to deny our rights such as freedom to travel or live where we choose. I dont think this issue of taxation without representation or the fact that they are stealing our tax dollars that we’ve all paid… Read more »

This is a rather disturbing article. This is certainly a very hateful and uneducated individual who isn’t up to date with current legislation and clearly didn’t do his homework. As many people are aware, we have a government agency contacting legislatures with the hope of creating a new law that would create a tiered sex offender registry in California, based upon a 1.8 percent re-offense rate and the conclusion that many currently on the registry pose no risk at all! As most people are aware, when people are allowed to re-enter society, marry and become law abiding citizens with jobs,… Read more »

One vote from either Miguel Santiago or Evan Low (preferably both) KILLS AB 201 in the Assembly Public Safety Committee. 3 NO votes are already locked in. Get busy writing those letters tonight, mail them in the morning and make those calls tomorrow. Ask to speak to the Assemblymember 1st, then his/her Chief of Staff, then his/her Legislative Aide in charge of Public Safety: California Assembly Public Safety Committee Committee Members District, Office & Contact Information Bill Quirk (Chair) Democrat, District 20 P.O. Box 942849, Room 2163, Sacramento, CA 94249-0020; (916) 319-2020 Melissa A. Melendez (Vice Chair) Republican, District 67… Read more »

Kyle and other writers:

Letters are best as they become part of the record once a bill is introduced. Letters from affected family members would be better and emphasizing the unknown rules from every jurisdiction of the proposed bill and the resulting cost of enforcement/re-incarceration as well as the constitutional “right of travel” could be good points.

Does that include emails? Can you even send an email to a legislator on a proposed bill not out of committee or indeed any subject, like you can with US congress persons and representatives? I tried once and my legislators had a drop down list of proposed bills, with no “other” category, and the issue I wanted to comment on wasn’t there. If so, then I will get some ink for my printer and send a hard copy. Seems very pre-millenium.

Timmr – Exactly why ‘archaic’ harder to do written/typed out and mailed letters get more attention and response. Members in your own district are best, but nearly as good are all the ‘Public Safety’ Committee members as they have a statewide responsibility. Hardships put on ‘non-offender’ family members and letters written from them are the best.

The 5 Dems on both committees are the ones you should focus on. Write to all 10 if you can. 12 if you count your specific members.

Make a difference. Be heard.

Got it. Thank you.

Is South Pasadena one of the cities successfully sued by CA RSOL, Frank, and Janice? I saw this news article about a RC arrested for “loitering” in a park and wondered:

Good question. Even so,I can’t imagine the city attorney filing on him. But IDK.

The CA Assembly may wish to note that in either Mosley or Taylor, the question of parks as public spaces is addressed ….. in a way that seems to suugest restrictions on presence in parks may be unconstitutional.

Would love your thoughts, please comment.x