An application for a temporary restraining order (TRO) was filed today in federal district court requesting that enforcement of a sex offender ordinance in the City of Lancaster be halted. “The Lancaster ordinance denies the civil rights of more than 100,000 individuals and families in California,” stated Janice Bellucci, President of California Reform Sex Offender Laws (RSOL). “It prohibits people who made a mistake, but who have paid their debt to society from entering public places such as parks, schools and the library as well as private places such as…
Read MoreCategory: California
Another OC City Backs Off Sex Offender Ban
Westminster became the latest Orange County city to distance itself from a law banning sex offenders from city or county parks. A number of cities including Mission Viejo, Seal Beach, Fountain Valley, Los Alamitos and Laguna Niguel have similar bans, all of which could face challenges in court. An attorney who represents a sex offender in the Westminster case represents several offenders challenging similar bans around the county as an infringement on civil liberty. Many of the bans could depend on a pending appeals court decision about a Fountain Valley…
Read MoreCalifornia State Supreme Court to hear Jessica’s Law challenge
Today, more than two years after declining to rule on a law restricting where paroled sex offenders can live, the California Supreme Court agreed to again hear the case. Passed by voters in November 2006, Jessica’s Law includes a provision that bars parolees who’ve committed a sexual offense from living within 2,000 feet of a school or park. A challenge over the residency restriction’s constitutionality and to whom the Jessica’s Law applies made its way up to the Supreme Court in 2010. The court declined to rule on the residency…
Read MoreCalifornia RSOL Meeting in Santa Maria on February 23
The first California RSOL meeting in Santa Maria will take place on February 23, 2013 at 9 am. As always, the meeting will focus upon issues of importance to registrants, such as residency restrictions and conditions of parole/probation and the status of pending lawsuit. Registrants, family members and supporters are invited to attend this free meeting. There will be no media or government officials. The meeting will be held at 1165 Stubblefield Road, Santa Maria, CA 93455, which is at the Unity Church near the intersection of Bradley and Stubblefield. Please…
Read MoreThe Year in Review… and Things to Come
The year 2012 was a remarkable year! The civil rights of registered citizens were recognized and protected by federal and state judges in a series of cases that (1) declared the Orange County park ban is preempted by state law, (2) stopped temporarily enforcement of Prop. 35’s requirements to disclose online identities, (3) prohibited the City of Simi Valley from requiring registrants to post a sign on the front door of their homes, and (4) blocked parole officers from applying residency restrictions to all parolees in San Diego County. In…
Read MoreRights Group sues over Lancaster’s restrictions on sex offenders
Constitutional rights advocates sued the city of Lancaster on Tuesday to block a recently enacted ordinance banning registered sex offenders from going to – or even being near – the city’s parks, movie theaters and other public and private locations. “The ordinance basically violates the state and federal constitutions, and fails to protect public safety,” said Janice Bellucci, president of a group called California Reform Sex Offender Laws. Full Article
Read More[UPDATE 2 with Hearing Date] Court of Appeals to Review Orange County Ordinance
UPDATE 2: This case is now calendared for Thursday, 9-26-13 at 1:00 p.m.http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=43&doc_id=2030448&doc_no=G047657 *** UPDATE: This case will be heard on Monday, July 22, 2013 at 1:00 pm in the 4th District Court of Appeal, Division 3, Santa Ana, California. 4th District Div 3, 601 W. Santa Ana Blvd., Santa Ana, California 92701, Clerk’s Office (714) 571-2600http://www.courts.ca.gov/4dca.htm The California Court of Appeals has decided to review the ordinance passed by Orange County which prohibits all registrants from entering county parks, beaches, harbors and other recreational areas. The opening brief from the Office of the Public…
Read MoreLake Forest reverses sex-offender ban in parks
LAKE FOREST – Three members of the City Council voted Tuesday to undo a law passed a year ago banning registered sex offenders from city parks. Mayor Kathryn McCullough, Mayor Pro Tem Scott Voigts and Councilman Peter Herzog voted to remove the ban from the city’s books in light of a court ruling that a similar ordinance elsewhere is trumped by state law, and in the face of a federal lawsuit challenging the ban’s constitutionality. Full Article
Read MoreCA RSOL CHALLENGES LANCASTER SEX OFFENDER ORDINANCE IN FEDERAL COURT
FOR IMMEDIATE RELEASE: December 18, 2012 California Reform Sex Offender Laws (RSOL) today filed a lawsuit in federal district court challenging the sex offender ordinance adopted by the City of Lancaster. The ordinance prohibits all sex offenders from entering both public and private areas, including the city’s library, museum, and parks as well as privately owned arcades and movie theaters. The bases for the challenge are violations of the First, Fifth and Fourteenth Amendments of the U.S. constitution as well as Article XI of the California constitution. The ordinance was…
Read MoreCity of Lake Forest Take Final Action to Repeal Sex Offender Ordinance
The City Council of Lake Forest voted 3 to 2 to finally approve the repeal of the sex offender ordinance they adopted unanimously about a year ago. The Council preliminarily approved repeal of the ordinance at its meeting on December 4. “California RSOL thanks the Mayor and the City Council of Lake Forest for repealing a law that violated the civil rights of more than 100,000 law abiding citizens in the state of California and that did not increase public safety,” stated Janice Bellucci, President, California Reform Sex Offender Laws.…
Read MoreWhy We Fight to Keep Registered Sex Offenders Online
Believing that human trafficking is worsened by the internet’s anonymity, the sponsors of California’s Proposition 35 thought they had a simple solution to combating the problem: require convicted traffickers to register as sex offenders. Then require all individuals on California’s sex offender registry to disclose their online identities and service providers. The measure passed in the November election with 81 percent voter approval. This isn’t surprising, since Prop. 35 also increases criminal penalties for trafficking, uses criminal fines to fund victim services organizations, and mandates more law-enforcement training on human trafficking. But…
Read MoreCity of Lake Forest – Parks Ban Repeal, Second Reading 12/18
At the regular meeting of the City Council on December 4, 2012, the City Council considered and conducted the first reading of Ordinance No. 248. This Ordinance repeals Lake Forest Municipal Code Chapter 13.12 relating to registered sex offenders in City Parks. The second reading will take place on December 18 at 7 pm. Lake Forest City Hall, Council Chambers25550 Commercentre DriveLake Forest, California 92630 http://agenda2009.city-lakeforest.com/SIREPub/mtgviewer.aspx?meetid=482&doctype=AGENDA
Read MoreSeal Beach Considers Reversal of Sex Offender Ban
The Lake Forest City Council voted to reverse its ban on sex offenders in city parks last week, and Seal Beach might do the same. The Seal Beach City Council will meet in closed sessions Monday to discuss the possibility of ending a city law that prohibits sex offenders from Seal Beach recreation areas: parks, the pier, the jetties, the beach and beach parking lots. In March, the Council created the ordinance, which made the act a misdemeanor, on the urging of the Orange County District Attorney’s Office. Full Article
Read MoreCity of Lake Forest Repeals Sex Offender Ordinance
The City Council of Lake Forest voted 4 to 0 to preliminarily approve the repeal of the sex offender ordinance they adopted unanimously a year ago. Final approval of the appeal is expected at the Council’s next meeting on December 18. “The Mayor and City Council of Lake Forest are to be commended for their courage in correcting a mistake they made one year ago,” stated Janice Bellucci, President, California Reform Sex Offender Laws. “Part of that mistake was reliance upon representations made by the Orange County District Attorney (DA)…
Read MoreCDCR – 2012 Outcome Evaluation Report
CA STATE REPORT INCLUDES 1.9 PERCENT RECIDIVISM RATE According to a newly released report of the California Department of Corrections and Rehabilitation (CDCR), the recidivism rate for those convicted of a sex-related offense (“sex offender”) is 1.9 percent. That is, those labeled by CDCR as “sex offenders” have a conviction rate of only 1.9 percent for a “new” sex crime. “The information in this CDCR report demonstrates that those convicted of sex-related offenses are unlikely to repeat their behavior,” stated Janice Bellucci, President of California Reform Sex Offender Laws. “Therefore,…
Read MoreJudges challenge O.C. ban on sex offenders
A panel of Superior Court judges has challenged a controversial 2011 Orange County law that bans sex offenders from parks, beaches and even some roadways and asked the state Court of Appeal to review the measure. On Friday, the district attorney’s office, which has pushed cities across the county to join in adopting a version of the sex offender ban, vowed to continue enforcing it. “I believe that protecting children from sex offenders is one of the highest priorities in law enforcement,” Dist. Atty. Tony Rackauckas said in a statement.…
Read MoreO.C. sex offender law is ruled illegal
A controversial Orange County sex offender law that bans some people from visiting parks and beaches has been ruled illegal by a panel of Superior Court judges, who have asked the state appeals court to now review the get-tough rule. The panel reached the decision after overturning the conviction of a registered sex offender who was ordered to serve 100 days in jail after he was caught attending a Cinco de Mayo party at Mile Square Park in Fountain Valley. Full Article
Read MoreLake Forest Parks Ban Repeal – Dec 04
The City of Lake Forest is expected on December 4 to repeal its existing “sex offender” ordinance which prohibits all registrants from entering the city’s parks. City staff have recommended that the City Council repeal that ordinance in an 11-page report from the city manager which states several reasons for its recommendation, including (1) no supporting evidence that the ordinance has had a measurable effect on public safety, (2) no violations of the ordinance since its passage a year ago, and (3) recent court rulings stating that “this type of…
Read More