A federal district court determined today that San Diego’s residency restrictions are void. As a result, the city cannot restrict where a registrant who is not on parole may reside.
“The court’s decision today settles plaintiffs’ Motion for Partial Summary Judgment, but does not settle the entire case,” explained civil rights attorney Janice Bellucci. “We will continue the case in order to protect the rights of all registrants who choose to reside in San Diego.”
Plaintiffs filed their motion on June 27 and oral arguments were heard on the motion yesterday. The basis for plaintiff’s motion is that the authority provided to cities and counties under ballot proposition 83, to restrict where registrants reside is limited to registrants while they are on parole.
In addition to today’s decision, the federal district court denied the city’s Motion to Dismiss the case in January 2019. The plaintiffs filed their lawsuit in August 2017 challenging the city’s residency restrictions which prohibit registrants from living within 2,000 feet of parks, schools, playgrounds, libraries, child care facilities, arcades and amusement centers.