CA: 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

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Phone 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

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CA: 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…

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CA: 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,…

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While 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

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CA: 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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CA: 29 Palms sued over sex offender restrictions

TWENTYNINE PALMS — The city of Twentynine Palms is being sued for keeping its residency restrictions for registered sex offenders. The City Council will meet Monday, Sept. 11, to hold a public hearing and consider repealing the restrictions, which are laid out in its municipal code. Staff and the city attorneys are recommending that the council repeal the restrictions. Full Article

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Tiered Registry Bill Resurfaces in Amended Form

Although believed to be stopped, the Tiered Registry Bill has been revitalized by its author Sen. Scott Wiener. The bill has a new number — SB 384 — as well as new content. This was accomplished through the “gut and amend” process available to state legislators. “As compared to the prior bill, SB 384 significantly reduces the number of people who would be assigned to Tiers 1 and 2 and therefore eligible to petition for removal from the registry in 10 or 20 years,” stated ACSOL Executive Director Janice Bellucci.…

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Councilman Wants To Rewrite San Diego Sex Offender Law

San Diego City Councilman Chris Ward says he wants to rewrite an ordinance that puts strict limits on where registered sex offenders can live, as a lawsuit seeks to force the ordinance’s repeal. Ward was one of five council members who voted last month to uphold the city’s “Child Protection Act,” against advice from the City Attorney’s Office. Courts have found similar ordinances both unconstitutional and ineffective at preventing child sexual abuse. Full Article

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Under legal threat, Victorville to repeal sex offender residency rules

[Victorville Daily Press] With threat of a lawsuit hanging over its head, the city will repeal local residency restrictions for registered sex offenders and defer to existing state regulations. The move is not unexpected. Cities across California have been forced to bow to pressure from sex offender law reformists in recent years, while courts have simultaneously limited local regulatory authority. In December 2014, the City Council reluctantly agreed to align its local ordinance restricting the movements of registered sex offenders with the statewide regulations already in effect. That decision came…

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Sex offender housing restrictions: where the law, common sense and politics collide

It seemed simple enough. A law on the city of San Diego’s books to restrict where registered sex offenders can live has provisions deemed unconstitutional by the California Supreme Court. City Attorney Mara Elliott wanted the City Council to repeal the ordinance because San Diego could still be sued with it in place, even though the law hasn’t been enforced for years. But on Aug. 1, a majority of council members balked. It seems nothing is actually simple in politics when it comes to doing anything that could be distorted as going easy on…

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San Diego Sex Offender Residency Law Faces Uphill Legal Battle

[KPBS] An attorney filed a lawsuit in federal court on Monday challenging a San Diego law that restricts where registered sex offenders can live. The City Attorney’s Office may now face the difficult task of fighting a legal battle it is not confident it can win. San Diego’s “Child Protection Act,” passed by the City Council in 2008, bars registered sex offenders from living within 2,000 feet of minor-oriented facilities, including arcades, schools, parks and libraries. The law has not been enforced since 2009 because of concerns over its legality.…

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Registrants Sue City of San Diego in Federal Court

Two registrants challenged in federal court today residency restrictions within the City of San Diego that prohibit registrants from living within virtually all of the city.  The lawsuit was filed after the San Diego City Council refused to repeal the city’s residency restrictions despite a recommendation from the City Attorney because the restrictions are “likely not enforceable”. During the City Council’s meeting on August 1, Councilmembers defended the city’s residency restrictions and stated that they “don’t like them (registrants) living in our communities” as well as falsely stated that registrants cannot be rehabilitated.  One Council member added that rejecting…

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City begins repeal of sex-offender residency rules

SAN MARCOS — The City Council has voted to start the process of repealing its sex-offender residency and loitering restrictions after receiving a letter threatening a lawsuit if it didn’t repeal the rules, which courts have ruled unconstitutional elsewhere. The San Marcos City Council’s July 25 vote for the first reading of the repeal was unanimous. Full Article

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