HUNTINGTON BEACH – The city has changed its sex-offender park ban after the law’s constitutionality was challenged in court. City Council members on Tuesday approved an amended ordinance that will allow police Chief Kenneth Small to write case-by-case exemptions to the sex-offender ordinance based on his discretion. The change comes on the heels of a lawsuit filed by a convicted sex offender in October, naming Huntington Beach and other Orange County cities, which says the ordinances that ban sex offenders from parks and other public areas are unconstitutional. Lake Forest,…
Read MoreCategory: California
Huntington Beach to consider changes to sex offender rule
HUNTINGTON BEACH – City Council members will discuss changing an ordinance to allow some exceptions to a ban on sex offenders in city parks. The council will meet on Tuesday to discuss allowing Police Chief Kenneth Small to make exemptions to the rule based on his discretion, according to city reports. The changes come on the heels of a lawsuit filed in October, naming Huntington Beach and other Orange County cities, which says that the ordinances that ban sex offenders from parks and other public areas are unconstitutional. Full Article
Read MoreCYPRESS ORDINANCE CHALLENGED IN FEDERAL COURT
A registrant and his fiancée filed a lawsuit today in federal district court challenging the ordinance passed by the City of Cypress that prohibits most registrants from residing in the city as well as visiting public places such as parks, libraries and senior centers. The ordinance was passed unanimously by the City Council on March 12, 2012. “The ordinance passed by the City of Cypress is egregious in that it prevents the owners of single-family homes, apartment buildings and hotels from renting to most registrants even on a temporary basis,”…
Read MoreBan repeal sparks applause, frustration
On Dec. 18, Lake Forest repealed a year-old ordinance banning registered sex offenders from its public parks. The city was one of more than a dozen in Orange County to add such a ban to their books since April 2011. Last month, in the face of a lawsuit challenging the ban’s constitutionality, Lake Forest became the first of those cities to reverse course. Proponents say the ban is needed to protect children from predators – critics argue the ban violates the civil rights of registered sex offenders. Here is a…
Read MoreProp 35: Preliminary Injunction granted
Late Friday, a federal judge granted a preliminary injunction in the lawsuit EFF filed with the ACLU of Northern California (ACLU-NC) that challenges the unconstitutional provisions in Proposition 35, a ballot measure passed by California voters in November that restricts the legal and constitutionally protected speech of all registered sex offenders in California. EFF and the ACLU-NC filed the lawsuit the morning after Election Day, noting that although Prop 35 is ostensibly about increasing punishment for human traffickers, it’s beset with problems. The biggest was its requirement that registrants turn…
Read MorePenalties sought for parolees cutting GPS monitors
SACRAMENTO (KGO) — Those GPS ankle bracelets that monitor some California parolees are not as effective as they could be. And that’s because some convicted sex offenders and gang members are cutting off the devices and getting away with it. Authorities say 48-year-old repeat sex offender _____ ______ cut off his GPS ankle bracelet in November and days later he was charged with the sexual battery of a Fresno State student at the campus library. “What I care about is that we get these criminals back behind bars,” Assm. Jim…
Read MoreSan Jose: Ruling finds DA’s right-hand man committed misconduct
SAN JOSE — In a scathing opinion published Thursday, a state appellate court reversed a judgment against a felon accused of being a sexually violent predator, saying the prosecutor handling the case — now District Attorney Jeff Rosen’s right-hand man — engaged in a “pervasive pattern” of misconduct. The misconduct finding against Chief Assistant District Attorney Jay Boyarsky is the first black mark against Rosen’s administration since he took office two years ago on an ethics platform and appointed Boyarsky as his top assistant. Full Article Also: SF Chronicle Article,…
Read MoreTRO Application Filed to Halt Enforcement of Lancaster Sex Offender Ordinance
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 MoreAnother 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 More