The city of San Diego has settled a lawsuit challenging a city law that limits where convicted sex offenders can live, agreeing to enforce the law only against those who are on parole.
The 2008 ordinance bans all registered sex offenders from living within 2,000 feet of a school, park or other facility that caters to children. The city has never enforced the law, however, because of concerns over its constitutionality.
In 2015, the California Supreme Court overturned a nearly identical law covering unincorporated San Diego County. The court found such residency restrictions are unconstitutional when applied to all sex offenders regardless of an individual’s circumstances, such as the severity of the crime or how much time had passed since their conviction.
Then, in 2017, City Attorney Mara Elliott asked the City Council to repeal the ordinance, noting it had never been enforced and would not likely withstand a legal challenge. But council voted 5-4 against the repeal, which prompted the Sacramento-based Alliance for Constitutional Sex Offense Laws to file suit on behalf of anonymous sex offender plaintiffs.
Related links:
ACSOL Lawsuit Costs San Diego Taxpayers Over One Hundred Thousand Dollars [floridaactioncommittee.org – 2/7/20]
Congratulations from Texas
I think I may have found my next winter vacation spot. The beach in San Diego. Soak up some sun and relax. Thank you Janice and company. It is looking like life is slowly returning to normal.
Awesome news!!
I’m a little confused though… even though it’s an unconstitutional law, it is allowed to.stay on the books?!
I wish they’d stop reporting that people will be tired based on recidivism likelyhood. People are being tired based on the underlying conviction code with ZERO evaluation to actual recidivism.
Exactly. I had cops when registering in California say I was a poster boy to get off considering all I’ve a accomplished, not to mention married and have children of my own, but no, I’m lvl 3 so its life……
Cops have no idea who should be listed on the hit list. Plenty of married, employed, very accomplished people have committed heinous $EX crimes. Further, I know Registry Terrorists don’t care about murder, but plenty of those same types of people have murdered people.
Cops know shit. Their hit list is just a hit list. Doesn’t work for anyone.
Today, right now, I’m ensuring that their hit list is not just worthless, but much worse.
Well stated, you can’t lump everyone together
Thank you and congratulations Janice. Having a place to live is essential to any reintegration into society. That seems like common sense, but for several members of the assembly common sense isn’t so common. The city wasted $122,000 insisting on implementing a rule that was struck down by the San Diego Superior court, the state supreme court, and the district federal court. I wish the people of San Diego would learn who they have in office. And on the next election the member who was at the center of trying to keep people on the registry homeless, and fought against the tiered registry, Lorena Gonzalez-Fletcher is up for reelection in the 80th district so if you can vote please vote against her.
“YOU GO GIRL” !! @ Janice Bellucci
I went ahead and sent the article’s reporter an email through their web page, correcting him on his assertion that the registry next year will place individuals based on recidivism likelihood. I noted that the placement will be strictly based on the underlying conviction code without any individual evaluation. And that someone who’s a habitual law breaker can be tier 1 and someone who’s been 30+ years crime-free be tier 3. I don’t actually expect him to reply or issue a retraction, but if he wasn’t actually aware how the tiered registry will work, it may open some doors for future reporting.
@SR Thanks, educating these people is the key. I hear the most ignorant statements from seemingly intelligent people that indicates that most people have no idea what the registry is or who is on it.
@ Eric. Lorena is actually termed out at the end of this year. But she is running for a higher level position. Good news on one end and not the other.
@SR: Thank you. Although, as the citizens of the USA (ununited states of america) succumb to believing sex crimes aren’t reflected in a mirror, they continue to hide.
Great job Janice and team. Thank you
Congrats, Janice et al! You all are a blessing to the rest of us!
Thank you Janice and company for everything you do for us registrants. I see my donations are going to good use. I can’t donate much each time but a few dollars here and there certainly helps more than none at all!!