[UPDATED with OCDA Reaction:] See the update at the end of this post with the district attorney’s reaction to the judicial panel’s decision and vow to continue fighting for the ordinance. The County of Orange ordinance that bars registered sex offenders from entering county parks and recreational areas has been ruled unlawful, according to a decision issued Nov. 15 by a panel of three Superior Court judges. The unanimous ruling does not apply to the ordinances several Orange County cities adopted at the urging of county Supervisor Shawn Nelson and…
Read MoreCategory: ACSOL
COURT DETERMINES ORANGE COUNTY SEX OFFENDER ORDINANCE UNLAWFUL
The ordinance passed by Orange County which prohibits all registrants from entering public parks, beaches, harbors and other recreational areas is unlawful, according to a panel of three Superior Court judges. The unanimous decision was issued on November 15. According to this decision, the county ordinance violates the constitution of the State of California because it preempts existing state law which prohibits registrants from entering public parks but only if the registrant is on parole and offended against a child who is less than 14 years old. That law is…
Read MoreCalifornia Law Isn’t Unfair to Sex Offenders, AG Says
A new California law that imposes harsh penalties on human trafficking is not unconstitutional toward sex offenders, the state attorney general told a federal judge. Californians Against Sexual Exploitation Act, or CASE, enacted by voters on Nov. 6, will require sex offenders to give police a complete list of their user names, screen names, email addresses and Internet service providers. Noting that sex offenders will be reluctant to participate in Internet forums if their identities will not remain anonymous, the American Civil Liberties Union and Electronic Frontier Foundation say the…
Read MoreUpdate: Simi Valley Halloween Ordinance Law Suit
California RSOL scored two victories this week in federal district court when Judge Anderson both granted a motion to protect the identities of the plaintiffs in the Simi Valley case and denied the city’s motion to dismiss the entire case. As a result of the motion being granted, the identities of the plaintiffs will not be revealed and they will continue to be referred to us as either John or Jane Doe. The judge’s denial of the city’s motion to dismiss means that the challenge to the lawsuit can continue. The…
Read MoreCA RSOL Meeting in Bakersfield Feb 9, 2013
California RSOL will hold its first meeting in Bakersfield on February 9th, 2013. The meeting will focus upon issues of importance to registrants, such as residency restrictions and conditions of parole/probation, as well as family members. The meeting will be held at 925 17th Street, Bakersfield (please note address change on Nov 27) beginning at 10 a.m. There will be no media or government officials at the meeting. Attendance at the meeting is free. Hope to see you there!
Read MoreSuit Contests Limits on Online Activities of Sex Offenders
The ACLU and EFF argue that new law’s requirements violate the First Amendment. California’s sex offender registry, the nation’s oldest and largest, lists more than 74,000 living Californians convicted of sex crimes since 1947. Like sex offenders elsewhere in the nation, they have been increasingly restricted in recent years as communities have barred them from not only schoolyards and playgrounds but also beaches, libraries, harbors and other public places. Now, under a ballot initiative that California endorsed on Election Day, sex offenders’ movements will also be monitored in the digital…
Read MoreUPDATE: Prop 35 / TRO against collection of internet identifiers & providers
Registrants are not required to disclose their online identities to law enforcement for an extended period of time, according to a decision made by federal district court judge Thelton Henderson on November 14. As a result of this decision, law enforcement is blocked from requiring this information until at least January 11, 2013. Additional details regarding the judge’s decision can be found on the Court Order. The judge will conduct a hearing in San Francisco on December 17 on a different issue. California RSOL is a plaintiff and an active…
Read MoreCA RSOL Meeting in LA January 19 [UPDATED]
Attorney Alex Landon will join California RSOL at its January 19 meeting in Los Angeles. Landon is a distinguished author as well as professor at the University of San Diego School of Law. He is a recognized expert on sex offender laws as is reflected in the book, “A Parallel Universe”, which he co-authored with noted journalist Elaine Halleck. Landon will make a short presentation during the meeting regarding current legal issues that challenge registrants and members of their families as well as describe why he wrote a book about…
Read MoreCritics raise specter of police state in challenge to new California law
California voters yesterday approved a new law billed as curbing human trafficking. A lesser-known section of Proposition 35, however, requires residents convicted of indecent exposure and other sex-related crimes to register their social-networking profiles and e-mail addresses with police. That violates the First Amendment’s guarantee of freedom of speech, including anonymous speech, the ACLU and the Electronic Frontier Foundation said in a lawsuit (PDF) filed today. Full Article
Read MoreTemporary Restraining Order granted by the court to stop enforcement of Proposition 35
California registrants won a major victory today! Federal district court judge Thelton Henderson granted a Temporary Restraining Order (TRO) late Wednesday that prevents enforcement of requirements in Proposition 35 that require registrants to identify their online identities and activities. The TRO will stay in effect for 14 days. A hearing on whether to extend the TRO is scheduled for November 20 in San Franciso. ACLU and the Electronic Frontier Foundation (EFF) filed the lawsuit, which includes California RSOL as a plaintiff, earlier today. Court Decision Update 9:30 pm: More on the ACLU web site
Read MoreACLU and EFF Challenge Free Speech Restrictions in California’s Proposition 35
San Francisco – Today the ACLU of Northern California (ACLU-NC) and the Electronic Frontier Foundation (EFF) filed a federal class-action lawsuit to block implementation of unconstitutional provisions of Proposition 35 – a ballot measure passed by California voters Tuesday that restricts the legal and constitutionally protected speech of all registered sex offenders in California. Proposition 35 requires anyone who is a registered sex offender – even people with decades-old, low-level offenses like misdemeanor indecent exposure and people whose offenses were not related to the Internet – to turn over a…
Read MoreOperation Boo / Daily Corrections Clips
State parole agents went door-to-door Wednesday night checking to make sure local sex offenders and convicted child molesters on parole were in compliance. Read More http://www.pe.com/local-news/riverside-county/hemet/hemet-headlines-index/20121031-san-jacinto-police-enforcing-halloween-sex-offender-restrictions.ece makes reference to the Simi Valley Halloween Ordinance Lawsuit filed by CA RSOL
Read MoreTeen Stunts Landing Kids On Sex Offender List… For Life
http://www.5min.com/Video/Teen-Stunts-Landing-Kids-On-Sex-Offender-List-For-Life-517523819
Read MoreCalifornia judge’s ruling a partial victory for registered child sex offenders
Los Angeles (CNN) — Registered child sex offenders in Simi Valley, California, will not have to post a sign outside their home this Halloween reading in part “no candy,” but they still are prohibited from decorating their houses and handing out candy, a federal judge ruled Tuesday. This is a partial and temporary victory for a group of the city’s sex offenders and their wives who sued the city claiming that a recently passed law was unconstitutional and sought a temporary injunction of the law before a full hearing next…
Read MoreJudge temporarily blocks part of Simi Valley Halloween sex offender law
A federal judge Monday temporarily blocked enforcement of a key provision of Simi Valley’s new Halloween sex offender law but left the rest of the ordinance intact. U.S. District Judge Percy Anderson’s ruling came days before the holiday on Wednesday. Anderson temporarily blocked the city from requiring its several dozen convicted child sex offenders listed on the Megan’s Law website to post signs on their front doors on Halloween saying: “No candy or treats at this residence.” Full Article
Read MoreCourt Grants Partial Temporary Restraining Order In Challenge to Halloween Ordinance
The City of Simi Valley is prohibited from enforcing a requirement that sex offenders post a sign on the front door of their homes on Halloween this year, according to a decision by federal district court judge Percy Anderson. The decision will allow the city to prohibit sex offenders from decorating their homes and answering the door to trick-or-treaters as well as require them to leave off all exterior lighting. “We are pleased with the judge’s decision to prohibit the City of Simi Valley from requiring registrants to post a…
Read MoreOperation Boo” Rounds Up Sex Offenders on Halloween
SANTA MARIA, Calif.- In just a few days, your child will be going door-to-door trick or treating inevitably coming face-to-face with a stranger. So, how well do you know your neighbors from registered sex offenders to criminals? “Yeah, very! We usually go with our children when we trick or treat but yea that’s scary,” says Santa Maria parent, Lisa Burress. As Lisa Burress helps her son find that perfect Halloween costume she’s taken aback after hearing there are 142 registered sex offenders living in Santa Maria where her son will be…
Read MoreAnaheim City Council approves Parks Ban
The Anaheim City Council approved an ordinance prohibiting persons required to register under CA PC 290 to enter public city parks on Oct 23. California RSOL members spoke in opposition. Audio: [audio:https://all4consolaws.org/wp-content/uploads/2012/10/anaheim_oct23.mp3] Video: http://anaheim.granicus.com/MediaPlayer.php?view_id=2&clip_id=1134 Item 29 starts at 1:43 Documents: http://www.anaheim.net/docs_agend/questys_pub/MG38467/AS38506/AS38509/AI40614/Documents.htm City Web Site: http://www.anaheim.net
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