[ACSOL] Emergency regulations, intended to implement Proposition 57 and issued by the California Department of Corrections and Rehabilitation (CDCR), must be set aside, according to a final ruling released today by a Sacramento Superior Court judge. The ruling specifically stated that “CDCR cannot substitute its judgment for what it wishes the drafters of Proposition 57 had said. Nor may CDCR’s…regulations override a clear directive in the Constitution. “Due to this ruling, CDCR’s emergency regulations issued in March 2017 cannot be enforced and new regulations must be issued. The new regulation…
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IML Lawsuit Filed
A lawsuit was filed today in the Central District of the U.S. District Court of California challenging regulations issued by the State Department that announced the addition of a “unique identifier” to the passports of some registrants. Addition of the identifier to passports could affect more than 500,000 Americans and their families. “The State Department violated the requirements of the Administrative Procedures Act (APA) when it failed to provide the public with an opportunity to comment upon its regulations,” stated ACSOL Executive Director and attorney Janice Bellucci. “As a result…
Read MoreCA: Federal Court Limits Residency Restrictions to Parolees
A federal district court ruled on Dec. 22 that residency restrictions adopted by cities and counties may only be applied to registrants while on parole. “This is a significant victory for registrants and their families,” stated ACSOL Executive Director Janice Bellucci. “The Court’s decision dramatically reduces the ability of a city or a county to restrict where a registrant may live.” According to the court’s decision, the general rule is that local governments are preempted by state law from adopting laws that restrict the daily lives of registrants because state law “fully occupies” the field of…
Read MoreCA: Why Highland is repealing its sex offender residency ordinances
The city of Highland is repealing its residency restrictions on sex offenders, two years after the state Supreme Court deemed similar restrictions unconstitutional. The City Council has agreed to repeal its ordinance, which prohibits sex offenders from living within 2,000 feet of public or private schools and parks, after receiving a threat of litigation from Sacramento-based attorney Janice Bellucci. Full Article
Read MoreACSOL to Host Conference on June 15 and 16, 2018
ACSOL will host its second annual conference on June 15 and June 16, 2018, at Southwestern Law School in Los Angeles. The conference will focus upon important issues such as the International Megan’s Law and the Tiered Registry as well as employment and housing. “The second conference will build upon the success of the inaugural conference and address the issues of greatest importance to registrants and their loved ones,” stated ACSOL Executive Director Janice Bellucci. Confirmed speakers for the 2018 conference include law professors Ira Ellman and Catherine Carpenter, sociologist Emily Horowitz…
Read MorePOSTPONED: ACSOL will NOT fight bad parole conditions in L.A. 11/27
The date for the hearing in the ACLU case which was originally scheduled for Nov. 27 in Los Angeles has been delayed due to government request, so we will not be at the courthouse on Nov 27. There is not yet a new date. We will notify you as soon as we know what the new hearing date will be.
Read MoreACSOL to Challenge Passport Identifier in Federal Court
The Alliance for Constitutional Sex Offense Laws (ACSOL) will challenge the passport identifier recently revealed by the U.S. State Department. The challenge is expected to be filed in a federal district court within the next 90 days. “We have begun the necessary process of identifying a strategy for a successful challenge,” stated ACSOL Executive Director Janice Bellucci. “The strategy will include the identification of potential plaintiffs as well as both legal and financial resources. The federal district court in which the challenge will be filed has not yet been determined.…
Read MoreSimi Valley Formally Notifies Registrants of Repealed Halloween Ordinance
The City of Simi Valley has formally notified registrants in that city that they are no longer required to post a sign on the front door of their home on Halloween and are allowed to decorate their homes as well as answer their door to children. According to the letter dated October 18, these changes are the result of a decision made on October 16 by the Simi Valley City Council to repeal its Halloween ordinance which was adopted in 2012. The Simi Valley letter did not make reference to…
Read MoreCA: Simi Valley links to Megan’s Law site to safeguard kids from sex offenders on Halloween
Simi Valley on Thursday unveiled a new strategy to safeguard trick-or-treating children from the city’s registered sex offenders. It used its Nixle.com account to link to the state’s Megan’s Law website, which lists the names, photos and addresses of 97 of the city’s 165 registered sex offenders. Full Article
Read MoreSimi Valley Repeals Halloween Ordinance
The Simi Valley City Council unanimously agreed tonight to repeal its Halloween Ordinance which required the city’s registrants to post a sign on the front door of their homes as well as prohibited them from decorating their homes, answering the door to trick-or-treaters and illuminating any exterior lights. The City Council vote was taken without discussion or debate, however, the City Attorney recommended repeal of the ordinance prior to the meeting due to a lawsuit filed on behalf of a registrant and his family who reside in Simi Valley. “The…
Read MoreCA: Simi Valley City Council may repeal Halloween sex offender ordinance
With two weeks until Halloween, the Simi Valley City Council on Monday night may repeal a controversial law that says registered sex offenders listed on the Megan’s Law website can’t open their doors to trick-or-treating children. Full Article
Read MoreRegistrant and Family Request Injunction to Stop Simi Valley Halloween Law
A registrant and his family filed a Motion for Preliminary Injunction (PI) in federal court late yesterday in order to stop a Halloween Ordinance in Simi Valley from being enforced. The ordinance requires registrants to post a sign on the front door of their home on Halloween as well as prohibits registrants from participating in Halloween activities including decorating their homes. “After the lawsuit was filed, city officials have admitted that they have enforced the Halloween Ordinance for the past five years despite a judge’s ruling and a written promise…
Read MoreCA: Simi Valley’s Halloween law – not needed, not enforced, not fair (Editorial)
Simi Valley is again facing a lawsuit over its ordinance regulating sex offenders on Halloween, and we can cite a multitude of reasons why the city should not waste a single dime of taxpayer money defending it in court. It’s time for Simi Valley to walk away from this questionable ordinance and instead devote those dollars and energy to real problems in the city. Full Editorial Related https://www.simivalleyacorn.com/articles/legal-wrangle/ CA: Federal lawsuit challenges Simi Valley Halloween sex offender law for second time
Read MorePhone Meeting to Discuss New Tiered Registry Law (9/26, RECORDING UPLOADED)
ACSOL will conduct a phone meeting on Tuesday, September 26, at 5 p.m. to discuss the new Tiered Registry Law. The 90-minute meeting will begin with an overview provided by attorneys Janice Bellucci and Chance Oberstein followed by questions and answers. To join the meeting, call 1-712-770-8055 and then key in access code 983459. Listen / Download call
Read MoreCA: Federal lawsuit challenges Simi Valley Halloween sex offender law for second time
[Ventura County Star] For the second time in five years, a federal lawsuit is challenging the constitutionality of a Simi Valley law that bars registered sex offenders listed on the Megan’s Law website from opening their doors to trick-or-treating children on Halloween. The law, enacted by the City Council in September 2012, also forbids the registered sex offenders from decorating the outside of their homes or front lawns with Halloween ornaments and mandates that they turn off outdoor lighting on their properties from 5 p.m. to midnight on Halloween. The…
Read MoreCA: Registrant and Family Challenge Halloween Ordinance
Today a lawsuit was filed in federal district court challenging a city law that requires sex offenders (“registrants”) on Halloween to post a sign on the front door of their homes, to refrain from decorating their homes, to extinguish all lights outside their homes and to refrain from answering the door to trick-or-treaters. The lawsuit asserts that the law, adopted by Simi Valley law, violates the federal and state constitutions and requests that the court block enforcement of that ordinance. There are a total of four plaintiffs in the case,…
Read MoreWhile sex offenders fight for a shot off the registry, opponents raise safety concerns
A federal judge declared Colorado’s sex-offender registry unconstitutional earlier this month, ruling that making sex-offenders’ addresses, ages and photos accessible to the public is cruel and unusual punishment. Now, an effort to reform California’s own sex-offender registry is raising questions and concerns. Full Article
Read MoreCA: FACING A LAWSUIT, TWENTYNINE PALMS COUNCIL REDUCES SEX OFFENDER RESTRICTIONS
In a turnabout from the hysteria surrounding past discussion on repeal of Twentynine Palms Municipal Code 11.32, the City Council last night held their noses and voted 5-0 to do away with the local law which forbids registered sex offenders from living within 2,000 feet of schools, parks or day care centers, or from even being within 300 feet of any park or school. Reporter Mike Lipsitz tells us how we got to this point… Full Article
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