Rancho Santa Margarita repeals ban on sex offenders in parks

RANCHO SANTA MARGARITA – The City Council voted to repeal an ordinance that bans registered sex offenders from entering city parks without permission from the city’s chief of police. The move comes after a state appeals court in January struck down similar bans in Irvine and at county recreational areas. The state Supreme Court in April declined to review the lower court’s decision. Full Article

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Wasco Ordinance Challenged in Federal District Court [updated with media links]

The City of Wasco was sued today in federal district court challenging its sex offender ordinance. This lawsuit is the eighth in a series of lawsuits filed during an 8-week period. “Despite a series of letter warnings starting on January 20, the City of Wasco has failed to repeal its sex offender ordinance which violates both the state and federal constitutions,” stated CA RSOL President Janice Bellucci. “The Wasco ordinance denies the constitutionally protected right to public information through its prohibition of visiting the city’s public library. In addition, the…

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Laguna Hills may reverse sex-offender park ban in wake of court rulings

LAGUNA HILLS – The City Council on Tuesday will consider reversing an ordinance that bans registered sex offenders from city parks and private parks run by homeowners associations.   … … Also a factor for Laguna Hills is the threat of litigation by the California Reform Sexual Offender Laws organization and the American Civil Liberties Union if the ordinance is not repealed, according to the staff report. Full Article Staff Report

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Santa Ana Ordinance Challenged in Federal District Court

The City of Santa Ana was sued today in federal district court challenging a city ordinance that prohibits some registered citizens from being on or within 300 feet of city libraries, learning centers, schools, parks and museums. Santa Ana is the 7th city or county to be sued in a period of seven weeks.   “The City of Santa Ana ordinance violates both the federal and state constitutions,” stated CA RSOL president Janice Bellucci.  “California RSOL warned the city about its ordinance both in writing and through testimony prior to its passage,…

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State Senate Passes Bill to Prohibit Internet Extortion

The California Senate has voted unanimously to approve a bill (SB 1027) that would prohibit the commercial use of booking photos.  The bill would also provide individuals with the ability to sue anyone who publishes or otherwise disseminates booking photos and then requires payment of a fee or other consideration to remove, correct or modify that photo.  Those who violate the law are subject to “an amount equal to the greater of $1,000 per violation or the actual damages suffered”, along with costs, attorney’s fees and any other legal or equitable relief.…

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City of Duarte to Repeal Ordinance

The City of Duarte is expected to repeal its sex offender ordinance, according to a letter from City Attorney Dan Slater dated April 30. According to that letter, the actions are the result of “a threat” from California RSOL to sue the City if it did not repeal its ordinance. The City Attorney noted in his letter the California Supreme Court decision dated April 23, 2014, which denied review of two decisions by the Court of Appeal which determined that offender laws by cities, similar to that adopted by Duarte,…

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Sacramento County Ordinance Challenged in Federal Court

A lawsuit challenging a sex offender ordinance adopted by Sacramento County was filed today in federal district court. This lawsuit is the sixth in a series of lawsuits challenging sex offender ordinances adopted by local governments that prohibit the presence of registered citizens within their jurisdictions. “Sacramento County adopted an ordinance that violates both the state and federal constitutions,” stated attorney Janice Bellucci. “The ordinance is also preempted by state law as determined by the California Court of Appeal in the Nguyen and Godinez cases. The California Supreme Court denied…

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Cities scramble after sex offender ruling

Three cities and San Diego County are reviewing their bans on sex offenders being near schools and parks this week after the California Supreme Court declined to review lower court rulings declaring similar restrictions illegal. National City, La Mesa, Santee and the county have all adopted ordinances that prohibit sex offenders from being within 300 feet of a school, day care center, arcade, playground, park or amusement center, to some degree. Full Article

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Santa Maria attorney files sex offender lawsuit against Lompoc

A Santa Maria attorney has filed a complaint in federal district court on behalf of a Grover Beach resident against the city of Lompoc over a sex offender ordinance the city adopted, claiming it violates both the federal and state constitutions. Attorney Janice Bellucci, who also serves as president of the California chapter of the nonprofit organization Reform Sex Offender Laws, filed the complaint on behalf of registered sex offender Frank Lindsay, 61, who serves as a board member for the chapter. Full Article

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LOMPOC SEX OFFENDER ORDINANCE CHALLENGED IN FEDERAL DISTRICT COURT

Lompoc is the fifth city whose sex offender ordinance is being challenged in federal district court. The lawsuit was filed on April 21 in the U.S. District Court Central Division. “The City of Lompoc was notified in January that its ordinance violates the state and federal constitutions yet the city failed to either repeal or stay enforcement of that ordinance,” stated attorney Janice Bellucci. “Lompoc did not learn the lesson of the first four cities to be sued — Pomona, South Lake Tahoe, National City and Carson — earlier this…

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CITY OF REDLANDS REPEALS SEX OFFENDER ORDINANCE

On April 1, 2014, The City of Redlands, California, repealed a 2011 ordinance prohibiting persons required to register pursuant to Penal Code section 290 from entering city parks without prior written permission by the City of Redlands Police Department. The City rescinded Chapter 9.14 of the Redlands Municipal Code in its entirety by way of 4-1 vote of its five-member city council. The ordinance was repealed as a result of a California Court of Appeals decision on January 10, 2014 in People v. Nguyen 222 Cal. App. 4th 1168 (2014).…

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Do Ex-Sex Offenders Have Civil Rights?

They are the most loathed convicts on the planet. Even other criminals hate them. Cities in recent years have targeted them with laws that limit where and when they can be certain places, particularly on Halloween, when children are out. But ex-sex offenders do have rights. At least that’s the contention of a group called California Reform Sex Offender Laws.  Full Article

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CA RSOL Meeting – May 17 in Berkeley

California RSOL’s Meeting will take place on May 17 at 10 am in Berkeley. The location is Fellowship of Unitarian Universalists, 1606 Bonita Avenue, Berkeley, CA 94709. The meeting will cover general topics of interest, as well as specific issues pertinent at meeting time, in addition to offering invaluable opportunities to network with others affected by this issue, as well as activists and professionals. One topic of discussion will be the series of lawsuits filed throughout the state against municipal ordinances that prohibit registrants to enter public parks and other recreation areas.…

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CITY OF CARSON SEX OFFENDER ORDINANCE CHALLENGED IN FEDERAL COURT

A sex offender ordinance adopted by Carson, a city located within Los Angeles County, is the subject of a lawsuit filed today in Federal district court. This is the fourth lawsuit to be filed in four weeks challenging a city’s sex offender ordinance that includes restrictions regarding where more than 105,000 individuals can be present. Specifically, the Carson ordinance prohibits registered citizens from being present in or within 300 feet of a wide range of locations including schools, parks, library, swimming pools, and bus stops. A registered citizen who violates…

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Sex offender wants parks proximity (National City)

A registered sex offender in San Luis Obispo County is suing cities across the state, claiming he has every right to go near schools and parks — and National City has become his latest target. ____ ____, 61, of Grover Beach, was convicted in 1979 of lewd and lascivious acts with a child under 14. His attorney, Janice Bellucci, says he has relatives in National City and wants to visit. She sued the city in federal court last week over its ban on sex offenders being within 300 feet of a…

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