CA: Judge Allows San Diego Sex Offender Lawsuit To Proceed

[kpbs.org – 4/1/19]

San Diego City Council members are under more pressure to repeal an unenforceable law restricting where sex offenders can live in the city, after a federal judge allowed a lawsuit challenging the ordinance to proceed.

Judge Barry Ted Moskowitz ruled in January against the city’s motion to dismiss the lawsuit, which was filed in 2017 by a group of unnamed sex offenders. The lawsuit rests heavily on a 2015 decision by the California Supreme Court finding blanket restrictions on where all sex offenders can live increase the rate of homelessness among sex offenders, depriving them of their right to seek treatment.

The court said such laws can also make society less safe by making it more difficult for law enforcement to keep track of sex offenders, who are typically under strict supervision when on parole.

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This idiotic San Diego city council of buffoons has been wasting taxpayer money pushing this personal agenda for over 7 years. This fraudulent law has been struck down at every level of justice including the San Diego Superior court. These deplorable city council loons should be arrested for refusing to adhere to the rule of law. They are doing this because they have nothing innovative, practical, or progressive to offer the city, only waste, corruption, personal perks and agendas, and idiocy. So to seem relevant they cry, “Get those sex offenders,” and that gets an emotional reaction from a percentage of the ill informed. Put these liars in jail.

“which was filed in 2017 by a group of unnamed sex offenders.”
So, here it is 2019, is there a stay order? If not then these people are being subject to this unconstitutional law since well before 2017, probably all the way back to Jessica’s law. Just as many of us were subject and made homeless because of that unconstitutional law. There has to be repercussions for these terrorist acts. What is stop them from enacting a law stating put us all on an island and let the courts figure if it is unconstitutional after we have them all there for ten years while it goes through the court? BS man, accountability some way needs to happen…..

Interesting. What took so long? Was this law only affecting child related offenders? Repeat offenders ie: Mike R? The law is completely out of line and makes no sense! It will be banished! Great news

USA:
Should people be banned from parks if you commit let say two muggings in one 30 years ago? How about a grocery store if you stole candy twice 10-20-30 years ago? What is your cutoff dates? How about offense qualifications? Where are your limits on laws targeted at specific classes of individuals? What about bank fraud? Should they be banned from any financial institutions for life? DUI drivers, life ban from driving and bars? Twice convicted jaywalker, banned from walking down the street? Why stop there. What about repeat verbal assaults, have their tongue cut out? At least not be able to talk in public, right? Please answer so we can have an intelligent debate.

One of the common traits among repeat offenders is to minimize the serious crimes (molestation). It’s also not uncommon to blame others or even the victims. Then, they might commonly compare their serious crimes to others, to both minimize and ideally portray themselves as a good person. Ie: I guess jay walkers, drinkers and people who write bad checks are on par? Not. It’s simply a poor misjudgement on their part. Terrible comparison. I hope you feel better about yourself. Dont jay walk!

Eric, I completely concur. I believe drunk drivers are the worst of the worst! There is actually one Superior Court Judge in OC who was convicted of a DUI and another who was married and having sex with his interns in his chambers! Both are still on the bench

Here is really something to talk about. Hypocrisy! I live in the city that 1st opted out of the sanctuary city law! In summary, they are tough on crime. Yet, there are (open for years) 2 massage parlors within 5 mins of the Mayors office. These places offer anything you desire and one is across from a church? The City of Cypress (I recall they are tough on registered citizens) is nearby. They have 6-7 massage parlors that ALL offer every sexual service you can imagine! One is near a pre school and the other next to a church? If you enter one, the girl greets (in a shopping center) you scantly clad? You (if someone was organized) could embarrass the etc out of the city! A multitude of these brothels are located all over SD as well? It’s almost mind boggling to think exist in OC, yet OC pretends to be tough on crime?

This is a joke USA,
“One of the common traits among repeat offenders is to minimize the serious crimes (molestation). It’s also not uncommon to blame others or even the victims. Then, they might commonly compare their serious crimes to others, to both minimize and ideally portray themselves as a good person.”

So I guess you are a psych now as well. I am not even going to go there with you any more, it is a joke. Anyone can go on my website and see my briefs and see you are out of your mind. https://mllkeys20112011.wixsite.com/mysite I really doubt that anyone would believe that I am going to lie to the courts in my suit.

Now lets see if we can be grown ups okay USA, let me be a little more specific since you did not understand sarcasm.
Should people be banned from parks if you commit let say two muggings in one 30 years ago? What is your cutoff dates? How about offense qualifications? What about bank fraud? Should they be banned from any financial institutions for life? DUI drivers, life ban from driving and bars? Where are your limits on laws targeted at specific classes of individuals? What about domestic violence like Eric has mentioned? What kind of restrictions would you put on them?
Give some specifics and not just character assassination attempts.

USA just give it a break man. Just stop attacking people’s characters. That is all anyone ask of you. But if you must, go ahead and hit me, the “repeat uncontrollable child rapist.” Sure that is why I am getting denied in my suit. Should not be lying to the courts about my charges or status huh? :0 If you are a psych you sure are not a very accurate one. I am following Will’s and AJ’s and all the other respectable tactics from now on.

Not sure if it posted, but how about answering the questions that many on here have asked but you seem to refuse to answer and want to go to schoolyard tactics. I will take out the sarcasm just to be sure you understand. If you do not answer these question you have really lost ALL credibility. You may even be able to get what little you did have back if you act like an adult and have a real conversation or debate on these questions.

Should people be banned from parks if you commit let say two muggings in one 30 years ago? What about bank fraud? Should they be banned from any financial institutions for life? DUI drivers, life ban from driving and bars? What about repeat gang-banging drug offenders standing on corners? Should they be banned from loitering on corners? Should all these be for life? What is your cutoff dates? How about offense qualifications? Where are your limits on laws targeted at specific classes of individuals?

A lot of cities and counties in the state of California just don’t wanna come to the realization that things are changing these are the same people who started the fear-mongering that led to a 15 almost 16 year Witch Hunt that left a lot of registered citizens incarcerated,homeless separated from their familys and banished from society… No one should be restricted on where they can live or go because of something they did in their past 30 years ago but some people’s crimes are more serious than others especially people with multiple offenses they should be restricted from where they live and where they go obviously anybody with multiple offenses has some serious issues going on and make it hard for people like these registered citizens in this article

I can’t agree more. Prohibiting people from visiting parks, beaches, libraries and living in certain areas is both disturbing and disgusting! We have some people who have 25 year old misdemeanor convictions that have been expunged and can’t travel internationally? Really?

There you go USA, no one should be banned from anywhere….

“The only issue on certiorari was whether the ordinance was unconstitutionally vague, either on its face or as applied, in violation of “the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.”

Although the question that was presented was vagueness I think that could be to easily fixed. Shit, stating no more than two people can stand within 25 feet of a corner for more than 5 minutes could pretty much solve the vagueness problem.
The following is where the heart of liberty and the foundation of criminal law are embedded,
“”an arbitrary restriction on personal liberties.”
“One particular “sticking point” was whether “It is a criminal law that contains no mens rea requirement … and infringes on constitutionally protected rights….”

There is nothing on recap between the motion denying dismissal in 2019 and the extension in Sept 2017, can All4Consolaws make the other documents available?

I’m always amazed at what’s written by the city in these cases. Things like an almost generic argument of failure to state a claim.

Wow, I had assumed there were things in between, a year for a decision. I’m sorry for severely underestimating just how long cases can take.