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Federal Judge Temporarily Stops Residency Restrictions in Murrieta

Federal judge Virginia Phillips issued a Temporary Restraining Order (TRO) today that prohibits the City of Murrieta from enforcing its residency restrictions against a registrant who moved to his sister’s home earlier this month. The TRO will remain in effect until August 15 when a hearing will be held to determine whether the judge will grant additional injunctive relief.

“This is a great victory for registrants,” stated attorney Janice Bellucci. “For the first time, a federal judge has stopped the enforcement of a city’s residency restrictions in the state of California.”

According to the decision, the city’s application of its restrictions to the plaintiff violates the 14th Amendment to the U.S. Constitution because it was the result of blanket enforcement and did not consider the actual risk posed by the plaintiff. The plaintiff has a Static-99 score of zero and is physically disabled. He moved to Murrieta under an interstate compact, approved by the CA Department of Corrections and Rehabilitation, in order to obtain medical care and financial support.

In its decision, the court considered as evidence a recent report issued by the CA Sex Offender Management Board (CASOMB) which concluded that “residence restrictions are likely to have the unintended effect of increasing the likelihood of sexual re-offense.” The report also found that residence restrictions lead to homelessness and are associated with an unstable lifestyle that includes housing instability unemployment.

In its decision, the court noted that the CASOMB report “suggests that allowing Plaintiff to reside with his sister in Murrieta may promote the public’s interest in child safety, as it would provide stability to Plaintiffs’ life and decrease the likelihood he would re-offend. The court also noted that “allowing Plaintiff to remain in his sister’s house may actually further Defendant’s (Murrieta’s) legitimate interest in protecting children.”

Decision

TRO – Order – July 2016

Join the discussion

  1. G4Change

    Thank you God for judges who get it!!! I’m so happy that this poor man can be close to family and be cared for during his health struggles.
    God Bless you, Janice, and all who continue to fight this fight. I pray that this decision becomes permanent and that these cities who continue to violate people’s constitutional rights are found in contempt!!!

  2. Kris Klein

    This is a nice gift in memory of the late Sharon Runner. May God not rest her soul

    • Harry

      A Matthew 25 paraphrase, ‘What Sharon Runner did unto the least of these, she has done unto God’. She may be ‘in the out darkness gashing her teeth’. This is a warning to those whom desires to follow her legacy.

      • Margaret Moon

        Check out Isaiah 10:1 “Woe to those who make unjust laws, to those who issue oppressive decrees…”

    • Son of Liberty Child of Freedom

      Kris Klein, Harry, & Margaret Moon speak Truth!

      Allow me but to follow in their path & Re-fulfill Righteousness by restating the Teaching of a Hebrew fellow when he too spoke Truth in the Parable of his Father.

      The Two Debtors (also known as) The Wicked Servant

      Matthew Chapter 18

      23 ¶Therefore is the kingdom of heaven likened unto a certain king, which would take account of his servants.

      24 And when he had begun to reckon, one was brought unto him, which owed him ten thousand talents.

      25 But forasmuch as he had not to pay, his lord commanded him to be sold, and his wife, and children, and all that he had, and payment to be made.

      26 The servant therefore fell down, and worshipped him, saying, Lord, have patience with me, and I will pay thee all.

      27 Then the lord of that servant was moved with compassion, and loosed him, and forgave him the debt.

      28 But the same servant went out, and found one of his fellowservants, which owed him an hundred pence: and he laid hands on him, and took him by the throat, saying, Pay me that thou owest.

      29 And his fellowservant fell down at his feet, and besought him, saying, Have patience with me, and I will pay thee all.

      30 And he would not: but went and cast him into prison, till he should pay the debt.

      31 So when his fellowservants saw what was done, they were very sorry, and came and told unto their lord all that was done.

      32 Then his lord, after that he had called him, said unto him, O thou wicked servant, I forgave thee all that debt, because thou desiredst me:

      33 Shouldest not thou also have had compassion on thy fellowservant, even as I had pity on thee?

      34 And his lord was wroth, and delivered him to the tormentors, till he should pay all that was due unto him.

      35 So likewise shall my heavenly Father do also unto you, if ye from your hearts forgive not every one his brother their trespasses.

      As Yehovah lives, so should we, I speak Truth!

      • Harry

        Son of Liberty Child of Freedom well said. The church people are leaders in oppressing RC and many RC’s, are Born Again serious Christians.

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