Orange County Ordinance Legal Battle Continues

The Court of Appeal will hear oral argument in the Hugo Godinez case on July 22 in Santa Ana. At issue in that case is whether the Orange County ordinance which prohibited all sex offenders from entering public places such as parks, beaches and hiking trails is preempted by the state constitution. The court’s decision is expected within 30 days.

The Orange County ordinance, which was passed in April 2011, is currently not in effect due to a decision by a three-judge panel of the Orange County Superior Court.

If the Orange County ordinance is declared to be preempted, it will share the same fate as ordinances in three cities in that county — Fullerton, Irvine and Tustin. In addition, the sex offender ordinances in Lake Forest, Lancaster and Palmdale have been repealed by those cities. Further, ordinances in cities such as Huntington Beach are currently not being enforced as they await the pending court decision.

“The repeal of sex offender ordinances in Orange County and elsewhere are important steps toward restoring the civil rights of sex offenders,” stated CA RSOL President Janice Bellucci “We will continue to work toward restoring civil rights through education, legislation and litigation regardless of the decision by the Court of Appeal.”

There are currently more than 300 ordinances passed by cities and counties that restrict where a registrant may reside or be present in California. A positive decision by the Court of Appeal could affect some or all of those ordinances.

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

16 Comments
Inline Feedbacks
View all comments

Janice, you’re definitely in my prayers on this!

Thank you for all your work and for disseminating this important information. I look forward to a positive outcome from the Court of Appeals.

Does any one know what time the oral arguments are going to be heard?

Monday is just around the corner and I for one am a little nervous about this upcoming case. I can’t help but think that since the Doe vs Harris decision did not go our way that it might some how weigh on this case. Does anyone know if this will affect the judges decision on Monday or if it has any relevance ? I would appreciate some insight from anyone positive or negative. In the meanwhile I will just hoping and praying for victory for our constitutional rights.

No…this is completely different ruling by the panel of
superior court judges.

The panel of judges said it was illegal ….that’s the correct ruling.

I’m not a legal expert here… But what if this goes on hold indefinitely? like it was swept under the table and everyone acts like the law never happened, but its still on the books…

The panel of judges and even the orange county sheriff say un- enforceable …
hence why some are wasting taxpayers time & money to appeal…orange
county panel of judges say illegal …appeal has time limits…isn’t
that what they tell everyone else ..??….illegal ordinances ruling
stands…nothing can say otherwise.

I am so glad, what with budget cuts and prisoner realignment, that the DAs office has the money and resources to continue to waste on this solution that is looking for a problem.
In OC every law enforcement agency, when asked by it’s city council before they passed these laws, said that they have little to no problem with RSO re-offending in parks.

A better law would to make offense in park areas a sentencing enhancement. If you’re an current RSO or not.

So I went to a park in Orange County with my sister and nephews.. Sat on a bench with my sister just enjoying the weather and small talk.. Nephews running around the swingset… and a cop car pulled behind my car (street parking) and sat there for 10 minutes.. My heart just stopped, I was digging around my jacket for my car keys to give to my sister if I got locked up, so she and my nephews got a ride back to their house… and the cop car just pulled away… it was a frightening experience, but I wasn’t questioned or handcuffed, hell the cop never left the car…

From all the sources they say currently The Law can not be enforced for now.. but really it was tempting fate when I went sunday with my sister…