San Diego is repealing city laws that restrict where paroled sex offenders can live, but the change won’t have any impact because the laws haven’t been enforced since at least 2009.
Related posts
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IL: Current policies funnel large number of… [people] …into one building. That needs to change
The state’s job is to balance the needs and rights of… …with those of all others.... -
NY: Sex offenders can be detained after sentences completed
New York’s top court upheld a law Monday that allows the state to keep sex offenders... -
NE: Homeowner Association Seeking Injunction Against Sex Offender Residency
A Beatrice homeowners association is seeking a judge’s order that would prevent a convicted sex offender...
Does someone have links to the original lawsuits that successfully stopped residency restrictions in California?
I need examples of how they argued the various constitutional violations so I can try to get someone in Texas to try the same approach.
One other thing, I came across this great explanation of Substantive Due Process:
http://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1045&context=flr
One snippet from the middle:
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the Supreme Court has ruled that if a
government official does not place a person in a position of danger, but
merely fails to adequately protect victims as members of the general
public, a substantive due process claim may not proceed. In DeShaney, the
Court explained that unless the government, by an affirmative exercise of
power, restrains an individual’s liberty to protect himself, there is no cause
of action under the Due Process Clause.
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Reading that, it sounds like Substantive Due Process is very relevant to be challenged by sex offenders since the government’s arbitrary sex offender laws puts us in a position of danger and our lack of privacy also restrains our liberty to protect ourselves.
First they came for the Sex Offenders, and a courageous attorney and civil rights activist along with her colleagues spoke out and stopped them!
God Bless You, Janice and all. Thank you for everything!
great piece Chris…they are putting us in danger..that’s unambiguous and cannot be denied..they are also taking away our ability to protect ourselves or our family members by not allowing us to own or possess firearms, tazers, mace, or any type of defensible weapons that the general public can and do use..under the substantive due process it doesn’t really matter why it just matters that it is being done…I’ll have to include this…