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ACSOLCaliforniaJanice's Journal

Janice’ Journal: Behind the Orange Curtain

Orange County continues to be the epicenter for laws that both violate the civil rights of registered citizens as well as decrease public safety. The latest attempt comes in the form of a bill introduced in Sacramento by Assemblyman William Brough of Dana Point (AB 201). If it becomes law, the bill would allow cities and counties to pass any law they wished to restrict where a registered citizen could visit. That could return us all to the former Land of Oz where a registered citizen could legally walk on a pier/go to the beach/visit the dog park in one city, but could not walk on a pier/go to the beach/visit the dog park in another city without the threat of going to jail up to one year or be fined up to $1,000.

As we all know, the cumulative effect of those laws was that many registered citizens were afraid to travel, a right protected by the state and federal constitutions. Even if you could start in your home town where there was no such ordinance and end up in your parent’s home town where there was no such ordinance, you had a real fear of driving through a fast food restaurant at a location in between because that city might have a playground and therefore be “off limits” even though no signs were posted to warn you.

Perhaps In order to prevent being upstaged by Assemblyman Brough on this issue, the chief of staff to the Orange County District Attorney (DA), Susan Kang Schroeder, recently stated in an article on the front page of the Orange County Register (Feb. 17) that “her office would again move to restrict sex offenders in county parks and encourage cities to re-enact the abandoned ordinances.” If true, that statement is outrageous!. Why? The California Court of Appeals ruled more than a year ago that such ordinances violate the state constitution and are preempted by state law, a decision which the California Supreme Court refused to review. As attorneys and officers of the courts, Schroeder and her boss, the DA, are required to comply with court decisions even if they do not agree with them.

We will watch with great interest any attempts made by the Orange County DA and/or his staff to once again lobby cities in Orange County to pass such ordinances. Their past attempts resulted in the passage of illegal ordinances in 14 cities within Orange County, actions taken only after the DA promised the cities that such ordinances were constitutional. Yet when the ordinances were challenged in court, the DA’s promises proved to be a mirage and many of the cities were sued. The cost of those lawsuits, of course, was borne by the cities, not the DA. Once bitten, twice shy? It’s time to wake up, cities in Orange County. It’s time to stop relying upon the DA’s misrepresentations and platitudes. It’s time to start thinking for yourselves.

By Janice Bellucci

Related: Janice’s Journal

Join the discussion

  1. Jim

    Amen Janice!!!!!!!!!!!!!!!!!!!!!!!!!!!

  2. mike

    Can’t shroeder and her boss be sued as individuals for knowingly violating someone’s constitutional rights after they have been ordered by the court to cease the violations if in fact someone is arrested for violating one of these ordinances? Or do these tyrants have the power to do anything they want with impunity?

    • G4Change

      I think that it’s time for laws/constitutional amendments, etc. that would allow for lawsuits and damages against INDIVIDUALS in government who violate people’s rights. Watch how fast this bull**** stops then!!!!!

  3. Avig

    If a registered citizen disobeys the law he goes to jail.
    But apparently if you are a government employee in Orange County and choose to disregard it, you still get paid—-and of course, no jail time.
    Seriously: these people have a screw loose, and it isn’t at all clear how to get it tightened back up.

  4. Clark

    That oc is so use to deception on a jury trial, their greed to deception takes on the public as well …orange county tell the public you use known false evidence in jury instructions..oc tell them you won’t have a hearing to correct the record..tell them you didn’t allow a REAL private attorney in a case ..tell them bout that immediate backhall conference after prosecution witness confirms defendant’s innocence and accuser’s motive ..oc is the epicenter depriving people’s rights under color of law …they are proving it again…18 U.S.Code sec.242……also DELIBERATE INDIFFERENCE .

  5. MM

    We are living in the Orange Curtain. We are afraid, but, at the same time hopeful.

  6. Q

    These are not honorable or honest people. They are career building at the expense and harm of others, and of American principals they’ll so willingly sweep under the carpet as long as they can benefit. Why doesn’t anyone ask to see proof to confirm or dis-prove what these people say?
    Where is the proof that their proposals are so necessary for the safety of the public? Where are the honest and honorable people that we were once blessed with?

  7. John B

    I don’t know that I have “fear” of traveling, but I’m certainly concerned and it’s reflected in that I do, in fact, travel much less frequently than I did when I was younger. I absolutely sympathize with any fellow registrants who do indeed feel fearful about travel.

    The only way this eventually gets resolved is by SCOTUS doing the right thing. The current make-up of the Supreme Court leaves me less than sanguine about our chances. But it’s all we have. Frightened and ignorant citizens (the majority, unfortunately) and boot-licking politicians who happily try to out-do each other in playing to those fears will forever stand between us and our civil liberties.

  8. mike

    First registration then residency and presence restrictions and civil committment next internment camps. A country regression before our eyes. Hope our constitution prevails or one of the only almost civilized society is screwed.

  9. Timmr

    Basically, if you don’t show color in a lily white Orange county park, you’re probably not going to have your background scanned, but look out if you are on the list AND your arms are covered in tattoos, your only pair of pants ripped and filthy, your name is Godinez, or you’re in a hoody! Park Purity Patrol armed and ready for action.

  10. USA

    Well, I’m not sure what to say. In the past, both the Sheriff and Both Assistant a Sheriffs where both arrested and convicted of various felony convictions for dishonesty. In addition, there is also a Superior a Court Judge who remains at his post, despite a DUI conviction after crashing his car in HB. The list goes on. Furthermore, there are various stories about the dishonesty of deputies and guards who somehow where unaware inmates where being beat to death on more than one occasion. Yet, the DA continues his propaganda tactics and for some reason choses to ignore statistics (1.8 percent)? As a volunteer, I’ve spent a great deal of time in prison ministries and was overwhelmed with the number of murders, robberies and assaults that are secondary to drug use? So, shouldn’t the DA focus on the big picture rather than the popular topic?

  11. mike

    PC 3003.5(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290.

    Man this section is realy scary it gives free rein to local jurisdictions to make unlimited distances from unlimited locations in their county. This can’t be legal or constitutional I mean there’s nothing stopping them from saying we can’t live within a hundred miles or a thousand miles of anyplace they want. That might sound crazy but as far as I can tell its true. This has got to be unconstitutional somehow.

    • Timmr

      This passage doesn’t say it “authorizes” local ordinances. It says it doesn’t prohibit stricter local ordinances. Other state laws may, I don’t know. Sounds to me like a big difference.

    • John B

      It is an interesting conundrum. If indeed local communities can legislate, say, not living within 2,000 feet of a park – can they make it 2 miles of a park? If yes to the first, but no to the second – then why? What would allow them to say 2,000 feet but preclude them from saying 2 miles? Is it because we know them to be so MERCIFUL to registrants? I think not. But if they are precluded from banning residency 2 miles from a park it would seem they would have to be so precluded from arbitrarily making the distance “only” 2,000 feet, 200 feet or 2 feet.

      If they were able to make it any significant distance then that would be a back-door method of forcing registrants into living in isolated colonies – without calling it such.

      • td777

        That’s one of the concerns I have, they could essentially make finding a residence within the locality completely impossible because there doesn’t seem to be any limit on how far they could go with it.

      • Timmr

        And on the other hand they make laws that keep us from congregating in any one area. Whatever koolaid these lawmakers are drinking, sure has destroyed the part of the brain that allows them to see the big picture.

  12. anonymously

    Yesterday, I heard Bill Brough, pronounced ‘Bra’, not ‘Bro’,(who knew?), OC politician and co-sponsor of AB 201 with Mike Gipson, ex-Carson Councilmember, to give cities authority to create laws as harsh as they want on registrants, on KFI640/Clear Channel/I Heart Media/I Heart Radio. Brough is a slick talker, but how far can that take you if you’re just repeating the same line that this bill would give local cities the authority to make new laws, and refuse to address the fact that most abuse in sex crimes involving children comes mostly from friends, aquaintances, clergy, coaches, teachers, someone known, and not registrants.

    Brough didn’t say it, but I have heard other city tough-on-crime hatemongers make the comment ‘we know know best how to deal with this’, when their outlook on the matter, wanting harsher draconian laws constantly, is what has caused the highest homeless population of registrants to date.

    • j

      They know how to deal with it all right: Break out the book of Jim Crow laws and ride the self righteous path to fear mongering and vote pandering hall of fame.

      All this done without regard for state law and the US Constitution- Geez!

  13. bw

    HAS ANYONE HEARD ANY NEWS, FRM LEGISLATORS OR ASSEMBLY WITH REGARDS TO THE SPONSORSHIP OF THE TIERED LEVEL , BILL , NEEDED A SPONSOR BY FEB 27TH I WAS TOLD?

    • Janice Bellucci

      Yes, tomorrow (Friday, Feb. 27) is the deadline for bills to be introduced in Sacramento. We expect to know within 24 hours whether or not the tiered registry bill has an author. Be sure to check out the website tomorrow to see what has occurred.

  14. Ostracized Witch

    I reside in the OC where DA Tony Racaucaus (same guy who lost battle against Fullerton Police who savagely beat/killed transient Kelly Thomas)has been attempting to destroy the lives of Registered SO’s who already repaid their debt for their transgressions, for his own political ambitions is stressful!
    My taxes pay for the parks/beaches, why am I prevented from enjoying them?

    • j

      Because Tony’s hatred and political aspirations are more egregious than his woefully inadequate need to even acknowledge the constitution – much less honor the human rights it inherently stands for.

  15. Garrett

    Does anyone know whether or not out of state registrants are allowed parks like Legoland, Sea world, Disney, etc…?

  16. ocguy

    This just in from behind the Orange Curtain:

    OC District Attorney’s Team Barred from Seal Beach Shooting Case
    http://voiceofoc.org/2015/03/oc-district-attorney-barred-from-dekraai-death-penalty-hearing/

    The shooting occurred in October 2011 – the same time the OCDA was spending an inordinate amount of time touring the cities of Orange County in an effort to persuade them to pass the (since held unconstitutional) Parks Ban for 290 registrants. In the murder case it turns out they did not play by the rules. Shocking!

    In somewhat relevant and related news

    DA’s Chief of Staff Loses Her First Felony Case
    http://voiceofoc.org/2015/03/das-chief-of-staff-tries-her-first-felony-case/

    Those who have attended or watched on video these painful City Council Meetings in the past few years probably are not surprised as SKS, DA spokesperson / lawyer did not exactly dazzle with legal and pertinent rhetoric. While she was pushing for these parks ordinances her (now ex) husband was arrested for drunk driving. He has since pleaded guilty. SKS or the OCDA did not and have not as of yet advocated for some sort of driving ban for those guilty of DUI. Clearly they are not interested in saving THAT one child.

    Such disorder in the house of the OCDA… maybe they should have spent more time cracking their ethics and law text books?

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