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​Judge Rules Fontana’s “No Registrant” Policy is Preempted by State Law 

A Superior Court Judge issued a tentative ruling on May 23 that a Fontana Unified School District Policy which prohibits all registrants from visiting schools in that district is preempted by state law and therefore must be stopped. The judge’s final ruling in this case is expected within 30 days. “This is a tremendous victory for registrant parents whose children attend schools in the Fontana school district,” stated ACSOL Executive Director Janice Bellucci. “It also sends a clear message to other school districts that have or are considering similar policies.”

The judge’s decision was based, in part, upon existing state law that creates a right for the public to enter public facilities, including schools, as well as existing state law that creates a right for parents to both participate and observe activities on school campuses. Neither of the existing state laws includes exceptions for registrants, however, there are additional existing state laws which authorize schools to remove if they disrupt school activities. Finally, there is a state law which requires registrants to obtain written permission before visiting a school.

As part of his decision, San Bernardino Superior Court Judge David Cohn ruled against the school district’s argument that ACSOL lacked standing to challenge its policy. The judge declared that ACSOL has standing in the case as a matter of public interest. He noted that although there is no evidence in the record regarding the number of registrant parents in the school district, it is likely that there are or will be registrant parents in that district.

According to the California Megan’s Law website, there are at least 247 registrants living in the City of Fontana and more than 3,500 registrants living in San Bernardino County. The Fontana Unified School District includes all of the City of Fontana and some of San Bernardino County.

Join the discussion

  1. J

    Great!

  2. TG

    Interesting. Probably not the last word, since it’s only a superior court judge.

    What I am wondering is how this will affect SB 26.

    • AlexO

      I imagine this is a huge blow to it as what this one school did sounds like what the bill tries to do to the whole state. Then again, this only failed because it was a single school that was applying something beyond the state law (lots of those for us). So if SB26 were to pass, it would become state law. That’s really all the judge seemed to care about, not actually how it effects SO’s and their families.

  3. New Person

    Congrats, Janice and ACSOL!!!

  4. James

    Great job! Great lawyering!

  5. DPH

    CONGRATS TO ALL AND THANKS TO THE JANICE TEAM for all that worked so hard on the lawsuit to get the
    message out to them that this group affected directly has rights and deserves protection from our Constitution.

    Show up, Stand up, and Speak Up DOES make a difference!

  6. Mark

    The baggage I carry every day becomes lighter every time Janice and team scores a victory on behalf of registered citizens. I for one am extremely grateful.

  7. Joe123

    Congratulations! Such great news. Big slap to the face to those trying to keep suppressing law abiding human beings. Let’s push on! Make those donations!

  8. G4Change

    I pray that this matter is ALWAYS preempted by state law. We must STOP SB 26!!!!!!!

  9. Roger

    Congratulations, Janice and the rest of ACSOL!

    Fellow registrants and supporters, ACSOL can’t do it without our support! Let’s follow those action alerts and make donations regularly.

    • DPH

      Hey Roger, doesn’t help me but I am glad we are all a step forward and so much better for minor offenders.
      Great idea too for the texting updates, way to go! Team Janice!!
      Also fir the next step on the Bill going out of appropriations for Tiered Reg. too.

  10. Eric Knight

    The anti’s call her “Batty” Bellucci because her batting average is damn near a thousand. 😉

  11. Aero1

    You go girl!!

  12. mike r

    hmm the right to enter public facilities..I am going to have to look into that. Is that a fundamental right? does that right have a judicial history?

  13. Tired Of Hiding

    Fantastic! Thank you very much for the continued efforts on this uphill battle! Hopefully each time one of these “small” battles is won it will cause FACTS to be examined instead of blind EMOTION used to pass “feel good” but do nothing laws!

    The war rages on but let us take a moment to savor this victory!

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