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ACSOL Conference Oct 1, 2022 

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CA: Lawsuit Challenges Kern County Residency Restrictions

A lawsuit has been filed in Kern County Superior Court which challenges the residency and presence restrictions in that county.  According to those restrictions, registrants — including those convicted as juveniles — are prohibited from living within 2,000 feet of schools, parks, day care centers and other locations where children regularly gather.  In addition, registrants may not visit a day care center for any reason.  
According to the lawsuit, the impact of the residency restrictions is that it eliminates the possibility of a registrant living in about 97 percent of Kern County.  The penalty for violating any of the county’s restrictions is a fine of up to $1,000 and up to six months in jail or both.
“The Kern County residency restrictions have broken up families, including a family in which a loving son wishes to live with his mother,” stated ACSOL Executive Director Janice Bellucci.  “Not only are the restrictions inhumane, they also violate the federal and state constitutions.”
The Kern County lawsuit is the thirty-second lawsuit challenging residency restrictions adopted by local governments.  The first lawsuit, filed in June 2015, challenged residency restrictions in the City of Grover Beach.
“As a result of the lawsuits that have been filed, 30 cities have significantly modified or repealed their residency restrictions,” stated Bellucci.  “We have made significant progress during the past three years by restoring families and eradicating unlawful restrictions.”    

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