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
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.
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.
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!!