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ACSOL News

ACSOL Files Third Lawsuit Challenging Sacramento In-Person Registration During COVID-19 Pandemic

[ACSOL]

The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a third lawsuit today challenging a city’s requirement that all registrants, including those with high risk COVID-19 factors, register in person.  The defendant in the lawsuit is the City of Sacramento and the lawsuit was filed in Sacramento Superior Court.

Today’s lawsuit alleges that the requirement to register in person during a pandemic and in contravention of state and local orders, is an abuse of discretion and therefore unlawful.  The lawsuit requests that the court issue a writ of mandamus that requires the City of Sacramento to adopt an alternative method for registration.

“The City of Sacramento is placing the public at great risk by requiring all registrants, including those with high risk COVID-19 factors, to register in person,” stated ACSOL President Chance Oberstein.  “Every registrant who becomes infected during registration could infect several more people, including the law enforcement officials who register them.”

Although the lawsuit does not demand a specific alternate method for registration, it highlights the fact that the Los Angeles Police Department has successfully stopped in-person registration and replaced it with telephonic registration.  The City of Los Angeles has more than 3,900 registrants as compared to only 1,800 registrants in the City of Sacramento.

“ACSOL will continue to identify cities and counties that require in-person registration and challenge their dangerous acts in court,” stated ACSOL Executive Director Janice Bellucci.

 

Join the discussion

  1. Roger H

    Awesome work, Janice and the rest of the ACSOL team! This is making a life-or-death difference in the lives of all of us persecuted registrants, our families, and our supporters!

    Everyone, help ACSOL increase the fight by donating sacrificially. Any size is very appreciated.

    We also appreciate major donations by those who are able, and a special thanks to those who include ACSOL in their estate planning.

    The more resources we have, the greater the battles we can make!

    • Michael P

      I live in the state of Idaho and I recently moved from one County to another and forced to register in person. In Idaho, you register at the DMV which is closed to the ‘general public’ due to the coronavirus, except for people who need to register, so they left that department open just for that. Needless to say, their wasn’t a line to register, and they where more than happy to take my $80 registration fee.
      Thank you Janice for being our voice.
      Janice for AG!!!

      • Harry

        Did you have runny nose with drainage falling on the money?

      • Looking for Answers

        @Michael P,
        Do you register your international travel in person at the DMV also?
        Also, how is your life in Idaho. We might possibly move there for a job opportunity, so I’m curious. Currently in Southern CA- Riverside County.

      • Michael P

        I don’t know if you notify the DMV where you register at in Idaho for international travel or not because I don’t travel internationally. I lived in two counties in Idaho since leaving California in 2013. One is Canyon County, any other is Ada County, which they border each other. My experience registering in those counties has been met with respect from the officers doing the registration. Simple and transparent. I will never move back to California.

  2. G4Change

    Once again, Janice et al, thank you for helping to restore and preserve our civil and human rights! May all of these lawsuits be a success!

  3. Rich

    Thank you for continuing to do this vital work!

    I’m in the elderly group (65) and live with an older (81) partner with COPD so we have been isolating at home since March 15th. Fortunately I had already registered in Sacramento mid February and was in and out in under 30 minutes because I had last years’ form scanned, filled-out and printed ahead of time.

    Registration in Sacramento is actually done through Sacramento County, so you might want to update or amend the lawsuit if you haven’t already included the county. Either way, thank you again!

  4. Mike G

    Thanks so much Janice for your hard work!

    I’m high risk, but I don’t register until September. If this insanity isn’t over by then, I might ask to do something about Fresno County…

  5. totally against public registry

    Janice, have you heard from anyone in Fresno County? How they are handling registration in this crisis?

  6. someone who cares

    Thank you Janice ~ What about the weekly mandated group counseling meetings? I just talked to a friend of ours who is still required to attend group every week. Is that not against the governor’s order? Even schools are closed, so I find it hard to believe that these meetings are deemed essential.

    • Bill from CA

      @someone who cares

      Piggybacking on your comment the Group I attend every week has been canceled for an undetermined period of time. It will be replaced with phone therapy for now.

      • Will Allen

        Phone therapy! That’s pathetic.

        I’m sure it is super important that they talk to everyone and make sure they are really helping to protect the public and especially children. I’m sure it is so necessary and effective.

        But of course the real reason that forced therapy exists at all is to line the pockets of grifters who feed at the public trough of money. That is why force therapy exists.

        Only an idiot thinks that $EX crimes need “therapy” and other crimes don’t. I wonder why the grifters aren’t trying to force everyone to pay them. Don’t they think they could succeed?

        • Bill from CA

          @Will Allen

          For the record the Fed is paying for all my Group, Individual, and Poly’s even now. And most of the Registrants that are in my Group are having their sessions paid for as well. These state mandated therapies is costing a pretty penny.

          The longer this pandemic goes on the less money to draw from the reserves to pay for all this. In the face of crisis how will the government continue to keep our economic infrastructure from collapsing without having to make concessions of cutting back bullsh#t programs?

        • Will Allen

          @Bill in CA:

          Nice! Great that you don’t have to pay. Those “therapists” did a good job for themselves setting up a system to fleece Americans and line their pockets. Wonder if some of the companies that they work for or (partially) own are also owned by thieving politicians, people in LE, or other big government thieves.

          You are correct about the dwindling money. But rest assured that the snake oil “therapists” are going to be in there hard, fear mongering at 200%, and trying to sell their nonsense. Over the years, I’ve considered buying into some companies that reap big rewards by harassing pariahs, including private probation and prison companies. But I decided I care more about my soul and integrity than I do money.

          Which reminds, just as an aside, I was looking at some of these companies a few months back and came across just the most disgusting bunch of people. I’m a middle-aged, wealthy white guy but I’ve got to say that most people in my demographics disgust me. I truly feel most of them are just scummy, awful, self-righteous, self-entitled douche bags. Take a look at the “people” who run and own these companies. Scabbing $$$ by selling dumb fear. Real snakes. Here’s a nice one for you – https://offenderwatch.com/our-team/.

        • M C

          @Will Allen, I think we should all apply repeatedly for the jobs available in their careers section on offender-watch under fake names and lie about the qualifications as much as possible to waste their time. Even maybe try and get interviews granted on that basis and just not show or even better show up and waste their time interviewing anyway.

  7. The Static-99R Is A Scam

    I always love ACSOL lawsuits! Hold these corrupt government officials and “public servants” accountable!

  8. Saddkes

    Filling a suit during a pandemic hmm interesting. I’m justing wanting to file an appeal to have a second chance under a duress tactics due to strern and false impression by deceit. Wish dad was still around he knew something about law but it is what it is when it is what it ain’t. Course I’ve waited so long one might as well hang in their.

    Dad was always for true justice and being an account you had to be working with a lot of companies. This sex offender game is no spilt milk shake in many respects.

  9. Mark Judkins

    Janice, in these difficult times, it is heartening that you do so much to help us. I am very glad that you are on our side and looking out for those of us you may be severely impacted by the foolish and dangerous policies of law enforcement.

  10. Saddles

    It is interesting about law suits and yes there were several law suits going on during the buffalo creek disaster in the coal field area of WV at that time and sure Janice and her team are right in many area’s in many of these sex offender issues we all face.

    Relief is what many seek and putting things in prospective is always good. One can talk about American Government, Make America Great, the stance on the sex offender, or putting a world crisis back together but who puts a human life back together at times of dispair. So its not always about the sex offender.

    Was the intent to make America Great for American’s or just leave some groups out in the cold. How about relationships with other. I would believe the whole country is being cold with this lockdown of a mother nature type.

    We’ve always had governmentr enslavement in one form or another in America now this act of nature seems to want to send a message to America and the world. Sure nobody can predict whats going to happen as some of you have said but who is being enslaved now or being in terror of a government stand still.

    Some never look or think about prison conditions as many of you all brought up. Some people even love to be a work-acolic or try to keep busy, feed a family, try and seek work and just try and fit in society, but for many on the registry they are discriminated.

    Is this nation going backwards into the French Revolution days or can a quick fix understand all this. What about the young people going thru all this ordeal we face in many different ways. Sure we all can make a difference and be responsible for his or her actions but when government overstepps than something has to jog to a balance.

    We’ve have many epidemic’s but a pandemic with this contravirus -19 label is a bit different in this rush to judgement world today. Even governments seem to be a bit greedy today in judgements of mankind and yes jail populations are not slowing down. I’m sure no one ever thought something like this would hit a nation.

    • Michael B.

      To Saddles and to all:
      Covid 19, sex registration, the collapse of the U.S. economy: These are drops in the bucket compared to what humanity is facing: Pending global warming is going to end human life on the planet. Covid 19 is a tiny lesson that for those who disregarded science before, you damn well better start paying attention to it now. Human life in all forms is going to be over in 100 or 200 years…
      UNLESS we rise up and do something about it. What Janice, Chance, and everyone else is doing to fight in one way or another to reduce one part of injustice (and insanity) is part of the greater struggle for goodness…and to save us all.

  11. Joe

    Bravo, but are some / many / most courts not shut down because of the virus? If they are suspending the trials of people languishing in jail – will anyone be available to process a brand new lawsuit?

    • TS

      @Joe

      Depends on the court level. SCOTUS and fed appeals courts are still kicking out opinions. Lower courts may be closed for those actions requiring in-person oral actions. Remember, courts can read cases and act without oral arguments if they chose to. That’s why oral arguments are requested and not just auto granted.

      • Joe

        SCOTUS? fed appeals courts? How are those relevant? This is a state law being challenged. Filed… “in Sacramento Superior Court”. Remember, reading helps.

        https://saccourt.ca.gov/general/coronavirus.aspx
        plus, apparently they are taking next Tuesday off as a holiday anyway (The Court will be closed on Tuesday, March 31st in observance of César Chávez Day). Who knew?

        And here is Riverside a week ago
        https://www.pe.com/2020/03/19/coronavirus-prompts-8-riverside-county-courts-to-close/

        Still wondering… will anyone be available to process this?

        Again, quite the Catch-22. A legal action with the intention of saving people from a pandemic that may have no one handling it because of the very pandemic. Surely there is some Greek tragedy dealing with this.

        • TS

          @Joe

          Relevance? The relevance is you said “some / many / most courts”, not CA specific courts only. If you meant CA initially, say it that way so others won’t answer with applicable answers in reply to open ended statement. Remember, specificity helps.

          BTW, SCOTUS and Fed Appeals courts (even US District courts) are still relevant to you even with the respective CA court action…and even if they can all act without in-person interaction on the case.

          Oh, if you are curious if CA courts can process things sans in-person action, then take the action to find out and call/email them. Then tell the masses here your findings even if that is no reply from them.

        • Joe

          @TS,

          The only court that matters here in discussion right below a specific article is where this action (and the others like it) is filed. “(Sacramento) Superior Court” is specified black on white. I could care less about SCOTUS, or the Illinois Court of Appeals, or the Royal Crown Court in England or Small Claims Court in Cleveland. Non-applicable. Remember, context helps.

          And this is not about in-person interaction. I don’t know but I doubt a law suit like this will see personal interaction for a good while. This is about the courts being shut down for all tasks. Litigation or clerical / processing. Stamping it received, creating case numbers, generating notices, assigning attorneys, etc. Whatever it takes to move a legal action through the system. Well before in-person argument. Which now appears to be not happening. Except a few emergency scenarios – because staff is sheltering at home – as directed by the governor. Which is what this law suit is about.

          And gee, thanks for the suggestion that I may call the court and find out myself. Is that for anyone who asks a pertinent question on this public forum? Or only the questions you cannot answer yet feel the need to chime in on for some reason?

          But hey, here is my / an answer to my rhetorical question. At least for the San Diego law suit.

          “”The Court did not accept the filing as (an emergency measures exception) applies to people who are under orders of quarantine and want to challenge such orders,” the spokesperson said.”
          https://www.nbcsandiego.com/news/local/lawsuit-filed-against-sdpd-for-in-person-sex-offender-registration-amid-pandemic/2293498/

          Question – justified, I believe – for ACSOL…. is this suit, or any of the suits reported as filed, actually filed with the court? What is their status? When might one expect a preliminary decision? Thanks for the clarification.

  12. Saddles

    Joe. TS got a point. My dad use to hate to drive to Charleston, WV for the gas company about rights, this that and the other, or even property rights and yes their many mine wars in WV and those area’s. Even Coal Mine bosses were on the take if thats any history.

    Sure people can say it takes two to tango or three but where is truth today or where is that 17 boy I met today that killed his mother and father while on a dope rage so what does one ssay about justice today or true values or should we all go back to the hanging judge days.

  13. Joe

    ““It is important to note that state law does not require most registrants to register in person,” stated ACSOL President Chance Oberstein.”

    But it does. I find it hard to believe Mr. Oberstein is not familiar with PC 290.

    PC 290.015 specifically and explicitly requires, within 5 days of the person’s birthday, among many other things

    PC 290.015(a)(1) A statement in writing signed by the person… (which I understand contains information that changes all the time)

    PC 290.015(a)(2) The fingerprints and a current photograph of the person taken by the registering official.

    all of which the registering agency must forward to the DoJ within 3 days (PC 290.015(b))

    Failure to produce anything in sub-section (a) is grounds for arrest and prosecution. (PC 290.015(c)(1)). No extenuating circumstances provided.

    Most information can indeed be emailed or called in. The (current) statement can be downloaded, signed and mailed hard copy, along with the information provided by telephone or email – though that makes the 3-day deadline (as required by state law) to the DoJ more than tight.

    But fingerprints and current photograph require personal interaction between registrant and registering official. They simply do. True, this need not take place at the (crowded) Police or Sheriff’s offices / station. It can be at your home or office or in the Walmart parking lot. But in-person, conducted by a registering official, it must be.

    As required by state law. It is not a city requirement.

    It’s not like I don’t appreciate the effort, but why would one file suit against a local Police Department for enforcing current and valid state law? Isn’t that their job?

    On that note I would be interested on what authority the LAPD is actively and knowingly violating state law. How refreshing it would be if law enforcement were to enforce the law, and all laws that are nonsensical and downright dangerous to enforce would be eliminated post-haste. Or, even better, never allowed to exist in the first place.

    • Harry

      Concerning the photo, which was taken every time I update, however, my wife notice the DOJ website used the same photo for 3 years in a roll and when it was changed it was not the same shirt that I wore for that year’s up-date.

    • Harry

      I am not sure the PD/SO is required to take photo or the fingerprints on every updates. DOJ maybe making them to believe they have to and not the law.

  14. Saddles

    @USA seems to make more since than any of us and I even feel ashamed, should we call in the National Guard. Yes I worked right beside them in buffalo creek. They asked a group from Hight School if they wanted to vollunteer and I stepped up and it was a warm experience.

    Now with this issue that has comes up today with this pandemic wanting you all to go in person to registar which presents a hardship. Listen to Chance and Janice and the teams advice is good and what you all understand from the many comments on here from past advice

    In government, one might say, went by the book their would be less people in prison today. Sometimes one has to wonder if we are fighting man or the elements or do we all need theological understanding or where is justice or any type of understanding today.

  15. Steve

    What about all the people on probation who have to attend mandatory counseling? I was in group sessions sometimes with 15 to 20 people.

    • Russ

      I haven’t attended my weekly mandatory pervert group meeting for nearly 3 weeks now. The state DOC suspended mandatory group attendance for at least another month. I haven’t made my weekly required po office visit for nearly a month but we talk by phone. All these steps were put in place well before my state issued a stay at home order just 3 days ago.

  16. TS

    @Joe

    Specificity, even in the specific thread, avoids issues and provides clarity when one wants all to understand the court in the discussion. If this one court is all that matters, then ask why about others as you did?

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