The California Department of Corrections and Rehabilitation (CDCR) today announced in federal district court its decision to withdraw a statewide requirement that sex offender parolees post a sign on the front door of their residences on Halloween. Immediately following that announcement, CA RSOL withdrew its request for a Temporary Restraining Order (TRO).
“This is a significant victory for more than 10,000 registered citizens and their families,” stated CA RSOL president Janice Bellucci. “They are no longer faced with the risk of significant injury.”
CA RSOL and plaintiff John Doe were represented in court by three attorneys — Janice Bellucci, Chance Oberstein and Alex Landon — who are also members of the CA RSOL board of directors. CDCR was represented by an attorney from the Office of the Attorney General as well as a representative of CDCR.
The plaintiffs in the case alleged that CDCR’s sign requirement violated the First Amendment to the U.S.
Constitution because it was speech compelled by a government agency. CDCR levied the Halloween sign requirement for the past seven years, even requiring homeless registered citizens to post signs on their sleeping bags, tents and vehicles.
“We are grateful to plaintiff John Doe who showed up, stood up and spoke up,” stated Oberstein. “Without him, we could not have filed this lawsuit.”
Related
HALLOWEEN SEX OFFENDER LAW HEARING TO BE HELD OCT 26 [UPDATED 10/26 5pm]
Small victories lead to bigger victories leads to an avalanche of change. Thank you, again and again, Janice and Team.
Awesome!! Another victory for Janice, CARSOL, and for the safety of registered citizens!!! Woohoo!! Janice, you rock!
Thank you Janice and co. for another win. All or any of these violations of civil rights are significant as they erode the American spirit, which is the absolute point of why they are battles that must be taken on.
What is key to this case is that arbitrary punishment, especially through the use of such hateful and shaming based mandates, represent distortions carried out to the fullest extent. When they are done willfully by government employees clearly suggests that these people are unfit to serve in those capacities.
Enter Carson and the whole of the inland empire and shame on them for using government to further their constitutionally deprived approaches to “manage” problems that – for the most part – are contrived to further their own agendas.
The hate they display for families and children of registrants is never acknowledged but it is a significant part of the equation and on full display for anyone of conscience.
Good job! Lets start removing the SOR, which is the cornerstone of all the hateful laws and activities against RC and families.
US Constitution: 1. CDCR: 0.
I suspect CDCR is under pressure from the sheople to create such absurd rules in the name of public safety, despite facts known about sex offenders not actually being as dangerous as other parolees they must monitor. They know the truth, but the people don’t and thus, the problems continue.
Thank you Janice and company. Now we need to focus on the registry itself.
Thanks to our three Protectors of Liberty and thanks also to that parolee who stood up for his rights.
I would like to thank all three lawyer for fighting for me,one for our team, we have many more to go.
Very cool! They quit before the paddle came out because they knew they would have been spanked good! 🙂
Thanks Janice, Chance and Alex for standing up for these victims of the CDCR.
And by the way; if anyone hasn’t read Alex’s book “A Parallel Universe” I suggest that you do so. It’s a highly informative read.
This is great news – however, this decision doesn’t affect county probation departments from enforcing the “sign on the door” and “lights out” policy does it?
Another great victory for a great cause, worth fighting for. Congrats Janice and Team. You are so awesome.
Allow me to seek a bit of clarification. In today’s Los Angeles Times, the story said that the CDCR actually said it does not now nor has it ever had a STATEWIDE policy to this effect. That left open the possibility that the requirement was being imposed by the local county parole office, and the local office does has some amount of ability to impose rules. Agreeing not to impose such a requirement statewide doesn’t mean the local office can’t impose that requirement.
I hope the Times didn’t represent what happened quite right. Oh, they did not say anything about what the local office might or might not have imposed. But simply not imposing the policy statewide does not mean the same as the state barring the policy statewide. The story simply said the state would not impose it, not that it would bar it. If what the state said in the Times story is correct, then it was the local offices that were imposing it, and maybe they still will.
Don’t anyone freak out about these thoughts, I’m just seeking clarification, rather than presumption that the state’s action in court includes the local offices.
There’s a reason Janice is one of the top 100 attorneys in CA.
Personally, I think Halloween is a stupid “holiday” – dressing up and panhandling for junk food? Most people don’t even do this foolishness anyway. Although you hear in the news that mega millions are spent every year. Really? To each, his own.
Even though this ruling doesn’t apply to me, I’m happy for those to whom it does!
I wish I could have recorded the audio, but Janice’s soundbite was on the premiere story for national news on the radio. I listen to an obscure station from Iowa during the political season, and just heard it there, so I know the story has nationwide implications.
Thank you
wimpy-Radio station AM 640 had a lot to say about janices win. they say they talked with her and seemed reluctant to give up there bigotry and defense of cdcr. This station and commutator”s pride there self with videoing the raids by Boo Gestapo.
Congratulations to all involved and to the Plantiff(s) for having the courage to stand-up and speak out. I spent the past 5 days in the District of Columbia. Saw and read our Constitution, Bill of Rights, and the Declaration of Independence. Very moving, and speaks to so much that is occurring in our government today. Everyone in any political and judicial office should be required to reread it daily. Everyone who votes, should read it before they vote. So much of what Janice and Chase do is rooted in our initial Declaration, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”
While this ruling does not directly affect me, denial of rights to any minority of the population is an affront to the rights of everyone. We The People have certain unalienable rights. Last I checked my passport said I was an American Citizen, I expect to be treated as one.
Thank you to all involved for reinforcing our rights.
Thank you Janice and all the people of CArsol that have taken the fight to the courts.
Dig deep and donate any amount you can so the fight can go on.
Someone who is on parole also in SD. The CDCR Is SCUM….a EVIL Empire… Here is stats for the HATERS that are worried…. Over 100k(close) on the ML Website. Currently apx 300 290’s in SD. And it was ONLY ones on PAROLE that the EVIL CDCR Wanted a note on the door. How does this make the “community” any safer when there is another 97,000 in this STATE NOT on parole, that CAN pass out candy/decorations and no “sign” that the EVIL Empire wanted ?… its a SCAM on the taxpayer…. Why ? Because they CAN.. and they GET THE $$ from the state to do witch hunts… Funny thing this OP BOO… When has a 290 that is on PAROLE EVER been caught with the light on or passin out candy… ? NEVER… AGAIN its a $$ thning and the taxpayer is footing it all, and for the 97K on the registry not on parole… they cant DO ANYTHING (Except the school thing I believe)…. no curfew etc….. the CDCR is all about the CONTROL In and OUT of prison…
I just had the police here telling me that the city ordinance does not allow me to have Halloween decorations or pass out candy tonight on Halloween I have been off parole for 20 years. I told them that and they said it still apply to me. When is this ever going to stop
This is the city of Rialto
KCRA Channel 3 (Sacramento/SF Bay Area) did a story on Operation Boo tonight. Several arrests made. But they at least spoke of the DUI problem on Halloween in the next story.