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ACSOL News

ACSOL Files Fifth Lawsuit Challenging San Diego In-Person Registration During Pandemic

[ACSOL]

The Alliance for Constitutional Sex Offense Laws (ACSOL) filed today a fifth lawsuit challenging in-person registration for all registrants, including those with high-risk COVID-19 factors.  This lawsuit was filed against the San Diego County Sheriff’s Department which registers more than 3,200 individuals each year.

“The plaintiffs in today’s lawsuit include a 72-year-old man who suffers from hypertension as well as a 51-year-old man who suffers from chronic asthma,” stated ACSOL Executive Director Janice Bellucci.  “Both of the plaintiffs live with, and support, individuals who also have high-risk COVID-19 factors.”

Similar to the lawsuit filed yesterday, the CA Department of Justice was named a defendant in this case.  The state agency could order the San Diego County Sheriff and all other local law enforcement agencies to stop in-person registration and to use alternate methods instead.

“The Los Angeles Police Department, which registers more than 3,900 people each year, has wisely and humanely chosen to stop in-person registration and to register people instead by telephone,” stated ACSOL President Chance Oberstein.

ACSOL continues to review reports of in-person registration requirements both in the state of California as well as the nation.  Additional lawsuits are expected to be filed in the future.

Download the petition (PDF):

2020-03-27 Petition – San Diego County Sheriff – FINAL

UPDATES

Group Tries to File Lawsuit Against SDPD for In-Person Sex Offender Registration Amid Pandemic [nbcsandiego.com – 3/26/20]

Janice’s Comment 3/29/20: In San Diego Superior Court, there is a “new” process for “emergency” lawsuits based on COVID-19. We attempted to use that process to file the lawsuit against the City of San Diego and that lawsuit was rejected. However, we filed the same lawsuit using a different process and it was accepted. We are still waiting to receive a case number for that lawsuit and until we get one, we can’t apply for a Temporary Restraining Order or a Preliminary Injunction. The initial rejection of the lawsuit as well as waiting for a case number have nothing to do with the subject of the lawsuit. It’s just the courts and the lawyers struggling through a transition from one process to another. I am confident that we will eventually succeed although not as quickly as we had hoped.

 

Join the discussion

  1. G4Change

    Yet again, Janice, Chance, et al, thank you!!! I hope they get the message and end this stupidity immediately. Until they do, thank you for being there for all of us.

  2. Anonymous

    Best of luck. We know you are extremely working hard to protect humanity!!! No children will be harmed if they give in or loose on this.

  3. Saddles

    Keep up the spirit & Janice take no prisoners If you get to speak mention conscious reasons or moral relief or reasoning and ethics in this crisis time frame. Janice, you and your team will prevail.

  4. cool Fresno RC

    waiting for the 6th lawsuit.. hopefully it is for Fresno city/country

    • Janice Bellucci

      @Cool Fresno RC – We have begun researching the Fresno issue and expect to file a lawsuit there “soon”, perhaps the week of March 30. Please be patient.

  5. T

    https://www.nytimes.com/2020/03/28/us/coronavirus-data-privacy.html

    A new list to protect the community from people! Seems others don’t like to be on a list were neighbors might attack or abuse them.

    Isn’t it ironic, don’t you think?

  6. Tim in WI

    Janice,
    Five lawsuits may not be enough given the wide breadth and scope of the use of the machine in the world today! Registration is an extreme position precisely because of the relative relational disposition ( by law) between human SO to Gov database machine & maintenance.

    Now let’s us add covid-19 to the mix. This a.m. Sunday on Face the Nation: CBS, A top doctor from Mayo in Rochester, MN referred to “tracking people’s previous contacts after a positive test result.” Clearly the Doctor implicates the necessity as common sense move to protect those possibly infected by the known case. Normally I would say nothing nor draw conclusion with onerous nature except before the Dr,’s he stated outright a reference to “electronic medical records and privacy protects” being an issue..

    That being the same observation made with gov use of the registries – gov tracking as a civil use. How easily it is overrun by over pressed media and fear. Over amplification is one of those things folks misunderstand concerning the true nature of the electronic infrastructure.

  7. cool fresno RC

    what does this mean ?

    “The San Diego Superior Court said it did not accept a filing an attorney attempted to submit that would have purported to have fallen under the emergency writs that challenges COVID-19 emergency measures exception for filing.”

    Source:
    https://www.nbcsandiego.com/news/local/lawsuit-filed-against-sdpd-for-in-person-sex-offender-registration-amid-pandemic/2293498/

    • Janice Bellucci

      In San Diego Superior Court, there is a “new” process for “emergency” lawsuits based on COVID-19. We attempted to use that process to file the lawsuit against the City of San Diego and that lawsuit was rejected. However, we filed the same lawsuit using a different process and it was accepted. We are still waiting to receive a case number for that lawsuit and until we get one, we can’t apply for a Temporary Restraining Order or a Preliminary Injunction. The initial rejection of the lawsuit as well as waiting for a case number have nothing to do with the subject of the lawsuit. It’s just the courts and the lawyers struggling through a transition from one process to another. I am confident that we will eventually succeed although not as quickly as we had hoped.

  8. td777

    I’m watching this one since I’ve got to register in a little over a week. So far, I have heard nothing indicating I would be able to register in any way other than in person. And I have an elderly family member who lives with me, so this is something I’m concerned about.

    • JM

      Our son has his annual registration in San Diego County tomorrow 4/1!
      He has chronic asthma and lives with us (his parents) who are considered “high risk” due to age (72), lung, heart disease, diabetes, etc.
      We’ve followed all the recommendations. We have self isolated since 3/11, yet now we will be possibly subjected to a virus for no reason other than our government callous disregard for the safety and well being of those who must register and their families.
      Giving that yesterday was a holiday, and with all ready reduced hours and days, this leaves only a four hour window for registrants to register FOR AN ENTIRE WEEK! Could this lead to a possible Cesspool of infected persons? Is this their plan to eliminate us?

    • td777

      Well, it looks like I’ve got to put my family’s lives at risk and register in person next week.

  9. Saddles

    @Janice all I can say is thank you. I see all these views are like a Paul Harvey commentary with interesting viewpoints. One’s probably debating wather one should go get a tested themself with all this confusing type of uncanny measures. The main point is stopping much of this registry and we all seek that as the positive goal. So Janice one has to respect all these views.
    I’m sure NANCY Pelosi would help all those out n your area as I’m sure she has a good viewpoint on many issues. I could be wrong to as I don’t keep up with all that politics that much . Janice just keep on plugging in their.

    • Go4it

      On the 2nd of this month I went to the San Jose Police Department to do my homeless 30 registration n the door are close they are not allowing any 290 registration untill May 3rd. As per the approval of the District Attorney.

  10. Steve

    @janice – Is there anything we can do to help this effort? Any way to get more involved?

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