An Orange County Superior Court judge denied a temporary restraining order (TRO) requested by Richard Linington, a registered citizen, and Michelle Moreno, his fiancée, during a hearing on August 19 that would have prevented the enforcement of new residency restrictions in the City of Cypress. Also during the hearing, the judge recommended that the City refrain from enforcing the restrictions until an October 1 hearing on a preliminary injunction.
“The City of Cypress has an opportunity to maintain the status quo by choosing not to enforce the new ordinance until at least October 1,” stated CA RSOL president Janice Bellucci. “Both parties will be given an opportunity on that date to provide the judge with a complete explanation of their positions.”
In the absence of a TRO, however, the City could choose to enforce its new ordinance, which could force Moreno to choose between living in her Cypress home of 26 years or continuing to live with her fiancée.
“This is a choice no one should be forced to make,” stated Bellucci.
At issue is this case is whether Cypress’ new ordinance complies with a recent CA Supreme Court case, In re Taylor, which held that residency restrictions in San Diego could not be applied as a blanket restriction to all registered citizens on parole. The Court in that case determined that the restrictions violated the registrants’ right to be free from unreasonable, arbitrary and oppressive government actions. In reaching its decision, the Court noted that San Diego was densely populated and that there was a lack of affordable housing.
In this case, Cypress alleges that the city’s population is of medium density although the population density of that city is 7,300 people per square mile as compared to 3,771 in San Diego. The City also alleges that there is sufficient affordable housing for registered citizens.
“The judge has requested additional information from both parties on the topics of population density and affordable housing during the October 1 hearing,” stated Bellucci. “We will be prepared to show that the effect of the Cypress ordinance is to banish registered citizens from that city.”
Registered sex offender, fiancee sue to live together in Orange County (ABC7 – with video)
Zoned out: A registered sex offender trying to move on collides with Cypress (OC Register)
Richard Linington and Fiancée Sue Cypress for Strengthening Sex Offender Ordinance (OC Weekly)