A sex offender ordinance adopted by National City, a city in San Diego County, is the subject of a lawsuit filed on April 4 in federal district court on behalf of a registered sex offender (“registered citizen”). This is the third lawsuit challenging a city’s presence restrictions. The first lawsuit was filed on March 24 against the City of Pomona and the second lawsuit on March 31 against the City of South Lake Tahoe. The National City ordinance includes restrictions regarding where more than 105,000 individuals can reside or be…
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Suits challenge sex offender laws
Lawyer and her reform group were prompted by recent appellate court ruling A civil rights lawyer aiming to reform sex offender laws has started suing municipalities across California to force the removal of ordinances that bar sex offenders from many public facilities, including parks, swimming pools and bus stops.Janice Bellucci, who practices in Santa Maria and is president of the group California Reform Sex Offender Laws, said the ordinances violate the state and federal constitutions. On Friday, Bellucci sued Pomona in the Central District federal court in Los Angeles, and…
Read MoreFEDERAL LAWSUIT CHALLENGES SOUTH LAKE TAHOE ORDINANCE
A sex offender ordinance adopted by the City of South Lake Tahoe is the subject of a lawsuit filed today in federal district court on behalf of a registered sex offender (“registered citizen”). This is the second in a series of lawsuits filed in federal court challenging city ordinances that include presence restrictions. The first lawsuit was filed on March 24 challenging a similar ordinance in the City of Pomona. Both ordinances include restrictions regarding where more than 105,000 individuals can reside or be present. Specifically, the South Lake Tahoe…
Read MoreFederal lawsuit calls for repeal of Pomona’s sex offender ordinance
POMONA >> A Santa Maria lawyer filed a federal lawsuit against Pomona this week calling for the repeal of a 2008 ordinance regulating the presence of sex offenders in the city. According to the lawsuit, the city’s ordinance goes beyond what is contained in the ordinances of other cities by prohibiting sex offenders from being on private property, such as arcades or movie theaters. Pomona’s ordinance is “one of the worst ordinances in our state,” said Janice Bellucci, who filed the lawsuit on behalf of Frank Lindsey of Grover Beach…
Read MorePOMONA ORDINANCE CHALLENGED IN FEDERAL COURT
A sex offender ordinance adopted by the City of Pomona is the subject of a lawsuit filed today in federal district court on behalf of a sex offender (“registered citizen”). The ordinance includes restrictions regarding where more than 105,000 individuals can reside or be present. Specifically, the ordinance prohibits registered citizens from residing or being present within 300 feet of a wide range of public and private locations including schools, parks, bus stops, railroad station, arcades, health clubs, movie theaters, cyber cafes and museums. A registered citizen who violates the…
Read MoreCA RSOL Meeting in Los Angeles – April 12
The next CA RSOL meeting in Los Angeles will take place on April 12 at 10 am, at the usual location – the ACLU building at 1313 W. 8th Street in Los Angeles. Registrants, family and friends, supporters and professionals are welcome to attend. Media and Government officials are not invited in order to ensure everyone’s privacy. We will discuss current topics, changes in the laws as well as pending litigation and advocacy strategies. Special attention will be given to the recent changes in parks ordinances made by numerous cities in…
Read MoreGrover Beach expands zones barring child molesters
Despite a threatened lawsuit, a resident’s plea and a councilman’s misgivings, Grover Beach effectively blocked any additional child molesters from living in the city. The City Council voted 4-1, with Councilman Bill Nicolls dissenting, to approve the second reading of an ordinance expanding so-called “protected zones” to 2,000 feet around schools, preschools, day care centers and parks. Previously, the distance was 1,000 feet. Individuals convicted of sex crimes against children — younger than 18 — who are required to register as sex offenders are barred from moving into temporary or permanent residences…
Read MoreLoma Linda agress not to enforce sex offender ordinance
The City of Loma Linda has joined a growing number of cities by agreeing not to enforce its sex offender ordinance that prohibits registered citizens from entering city parks and other recreational areas. The agreement will last until the California Supreme Court makes its decision whether or not to review two recent Court of Appeals decisions that overturned similar ordinances in Orange County and the City of Irvine. Loma Linda’s decision was conveyed to California RSOL in a letter signed by the City Manager and dated March 17, 2014. The…
Read MoreRe-Offense Rate Drops in New CDCR Report
The rate at which registered citizens on parole commit a second sex offense has dropped to 1.8 percent according to a new report issued by the California Department of Corrections and Rehabilitation (CDCR). “The rate of re-offense for registered citizens on parole is an important fact for the public to know,” stated CA RSOL President Janice Bellucci. “It debunks the myth that registered citizens ‘always’ re-offend.” The report also noted a rise in parole violations from 86.9 percent to 88 percent. Parole violations can be minimal including consumption of a single alcoholic beverage…
Read MoreAdditional Counseling Not Required For Some Registrants
The California Supreme Court has denied review of a case thereby relieving some registered citizens from the duty to participate in a state-mandated sex offender management program. Specifically, as a result of the Supreme Court’s denial, registered citizens currently on probation whose sex offense occurred prior to September 10, 2010, are not required to complete a sex offender management program mandated by Penal Code Section 1203.067(b). The Supreme Court’s decision lets stand the decision of the Court of Appeal in the case People v. Douglas M. which was decided on October 24, 2013. The case was…
Read MoreAnaheim, Grand Terrace Suspend Enforcement of Sex Offender Ordinances
The cities of Anaheim and Grand Terrace have agreed to suspend enforcement of sex offender ordinances that prohibit registered citizens from visiting public parks and other recreational areas. The cities reached this agreement with California RSOL after the organization notified them of recent appellate court decisions that such ordinances were preempted by state law and therefore could not be lawfully enforced. “These agreements are significant victories for registered citizens throughout the state of California,” stated CA RSOL President Janice Bellucci. “They will allow more than 105,000 citizens, their family members…
Read MoreAssembly Bill Would Increase Sex Offender Rights
The State Assembly is actively considering a bill, AB 1640, that would eliminate the registration requirement for sexual offenses that the California Supreme Court and several Courts of Appeal have ruled violate the equal protection rights of registered citizens. The bill was introduced by Assembly member Jones-Sawyer (Democrat, Los Angeles) and is sponsored by Los Angeles District Attorney Lacey. “Assembly Bill 1640, if passed, would be an important step toward restoring the civil rights of registered citizens,” stated CA RSOL President Janice Bellucci. “The bill would ensure that courts throughout the state of California consistently…
Read MoreSouth Pasadena agrees not to enforce city’s presence restrictions
The City of South Pasadena has agreed not to enforce its presence restrictions which prohibited all registered citizens from “loitering” in the city’s parks, library, school bus stops, restaurants with children’s playground, etc. The City formalized its agreement in a letter from City Manager Sergio Gonzalez dated February 24 (below). The City’s agreement was reached after California RSOL notified the City that its presence restrictions were in violation of two recent decisions by the California Court of Appeal which stated that similar restrictions in Orange County and the City…
Read MoreMission Viejo agrees not to enforce Presence Restrictions for 290s
The City of Mission Viejo has agreed not to enforce the presence restrictions in an ordinance it adopted in January 2012. The agreement is now in effect and will continue to remain in effect unless the State Supreme Court makes an adverse ruling in a related case. According to a letter from Mayor Trish Kelley dated February 21, 2014 (below), the Chief of Police Services and the City Attorney recommended to the City Council a stay of enforcement for the city’s ordinance. The presence restrictions in that ordinance that will not be enforced include all…
Read MoreCITY OF CYPRESS AGREES NOT TO ENFORCE RESIDENCY AND PRESENCE RESTRICTIONS
The City of Cypress, located in Orange County, has agreed not to enforce most of its residency restrictions and all of its presence restrictions as terms of two settlement agreements reached on January 31. The City of Cypress also agreed to pay attorney’s fees and costs for the lawsuits filed against them in federal and state courts. In exchange, the plaintiffs in those cases have agreed to dismiss with prejudice the pending lawsuits. “This is a significant victory for the registered citizens and the family members of registered citizens in…
Read MoreCA RSOL Meeting in Fresno – March 22
California RSOL’s monthly meeting for March will take place in Fresno on March 22 at the Mennonite Hall, 5015 E. Olive Street, Fresno, CA 93727. It is scheduled from 10 am – 12 noon. Registrants, family and friends, supporters and professionals are welcome to attend. Media and Government officials are not invited in order to ensure everyone’s privacy. We will discuss current topics, changes in the laws as well as pending litigation and advocacy strategies. We hope to see you and yours on March 22 – Show up, Stand up, Speak…
Read MoreD.A. will take sex-offenders fight to state Supreme Court
[UPDATED 1/14] SANTA ANA The Orange County District Attorney’s Office plans to go to the California Supreme Court to defend local ordinances that ban registered sex offenders from city parks. A state appeals court on Friday struck down an Irvine law that barred registered sex offenders from city parks without written permission from police, a ruling that will become legal precedent. The court also struck down a similar Orange County law. About a dozen other Orange County cities passed similar ordinances banning sex offenders from parks at the urging of District Attorney…
Read MoreEl Dorado County Votes to Repeal Sex Offender Ordinance
The El Dorado County Board of Supervisors voted unanimously to repeal its sex offender ordinance which prohibited all registered citizens from visiting county recreational areas and the county library. This vote was taken on January 7 in the absence of Supervisor Norma Santiago. A second and final vote on the repeal is scheduled on January 14 and would become effective 30 days later. “The ultimate repeal of the El Dorado County ordinance is a significant victory for more than 100,000 registered citizens and members of their families,” stated CA…
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