Source: ACSOL
A new lawsuit has been sent to Fresno County Superior Court challenging an ordinance adopted by the Fresno County Board of Supervisors. That ordinance would significantly limit housing options for persons required to register who reside in that county. The ordinance will become effective on February 5.
The ordinance was adopted after two public hearings conducted by the Fresno County Board of Supervisors. During the first public hearing, the Vice Chairman of the Board of Supervisors stated that all registrants are dirtbags and should not be allowed to live in residential neighborhoods. He then added that all registrants belong in prison and should not be allowed to leave prison.
According to the lawsuit, the Fresno County ordinance is preempted by state law for at two reasons. First, the ordinance duplicates state law according to the Board of Supervisors. Second, state law has preempted the field of all restrictions imposed upon a registrant’s daily life and therefore local governments cannot impose additional restrictions.
Those who violate the county ordinance by providing housing to more registrants than are allowed under the ordinance are subject to fines of up to $50,000 per violation. In addition, the ordinance includes a private right of action that could provide members of the public with punitive damages, treble damages and attorney fees if they report violations of the ordinance.
There are four plaintiffs in this lawsuit, including ACSOL. The remaining three plaintiffs are individuals required to register who currently reside in Fresno County and face homelessness when the ordinance becomes effective.
The lawsuit was delivered to the court on Monday. However, the court has not yet accepted the document and therefore there is no case number at this time.
Read the complaint:
Complaint - REVISED - JMB edits
We will add the case number on this website for the lawsuit as soon as it is available.
Thank you for watching out for those of us forced to register beyond what any Price Club membership would offer. I’m no legal scholar but based on my emotional reaction I would have included the Vice Chairman of the Board of Supervisors for his dangerous rhetoric.
Dear Janice, thank you for taking on this case. My family knows first-hand how it feels to have the government throw a loved one out of their home. I felt fearful and terrorized the day LE told my son to leave his home immediately due to a “violation” (in home daycare 15 feet too close to the edge of his property). Who would have thought it possible in the US of A? Thank goodness for you; give them the hell they deserve.
Grateful for your lawsuit. This is one politician who should be thrown out of office for his hateful and hurtful rhetoric.
Uh no, sir. Politicians like yourself are dirtbags!!!
Knock some heads Janice! They FA and now they will FO
and here is the dirtballs email address… email the scumbag and let him know your position ! found on a google search 1st searched vice chair fresno got his name then googled his contact email..
[email protected]
(remember no THREATS!!) Just make your statement to the corrupt hater politician !
Wouldn’t the Vice Chairman’s words prove punitive intent and thus render the law malicious harassment in violation of the laws regarding 290 registration? Specifically the part that states the information provided should not and cannot be used to harass, or deprive an individual of things such as residence, employment, and health?