Update: 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…

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Exonerating the Friedmans

Sometimes, after the credits roll, another—more important—story begins. In 2003, Andrew Jarecki and Marc Smerling released Capturing the Friedmans, the story of an average middle-class Jewish family destroyed by sex abuse charges against their then 18-year-old son, Jesse, and his father, Arnold. The film was nominated for an Academy Award, won the Grand Jury Prize at Sundance, and graced the tops of countless lists of best documentaries of all time. Amid all the praise, though, was a nagging sense—lobbed by some—that the filmmakers were ultimately too ambiguous about their main…

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Suit 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…

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How to Commit Internet Suicide and Disappear from the Web Forever

Note: while this is obviously does not work on all web sites, it might be of use to some extent. Sick of horribly embarrassing things showing up when potential employers Google your name? Tired of everyone knowing you live in a garden level dungeon apartment? Perhaps you just don’t like the fact the internet makes you easy to find. Thankfully, it’s not that hard to delete yourself entirely. Here’s how to do it. For mildly famous (or infamous) individuals, disappearing is essentially impossible, but for the average person it’s surprisingly…

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City Council in Gardiner, Maine, Declines New Sex Offender Restrictions

City councilors tell petitioning residents any new restrictions must come from the Legislature. City councilors in Gardiner, Maine, say they are not interested in moving forward with new restrictions on where some sex offenders can live, despite some residents’ pleas it would make their neighborhood safer. Residents making a case for an ordinance at a meeting Wednesday were told hat the state Legislature is responsible for sex offender residency restrictions, not the city.

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Life on the List

Does publicly posting names of convicted sex offenders actually reduce the number of sexual offenses? Freelance writer Steve Yoder has written a very informative article about the history of the Nation’s sex offender laws, and outlines many of the consequences (and failures) of these severe laws. He makes the point that despite the fact that legislators “are increasingly adopting a ‘smart on crime’ approach grounded in research on what works, the legal treatment of sexual offenders is moving in the opposite direction.” Increasingly, more people are being added to the…

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Temporary 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

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Sex Offender Laws May Do More Harm Than Good

End Registration of Juveniles, Residency Restrictions and Online Registries One of the world’s leading independent organizations dedicated to defending and protecting human rights, Human Rights Watch,  believes, as many of us do, that “Laws aimed at people convicted of sex offenses may not protect children from sex crimes but do lead to harassment, ostracism and even violence against former offenders.” Read more here: http://www.hrw.org/news/2007/09/11/us-sex-offender-laws-may-do-more-harm-good

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‘Operation Boo’ nets three arrests locally

ANTELOPE VALLEY – Dozens of parole agents fanned out across the Antelope Valley Wednesday night as part of “Operation Boo,” a safety initiative aimed at protecting young trick-or-treaters from sexual predators on Halloween. “This is a night where children are out and about, they’re knocking on doors, they’re introduced to strangers, they’re easy prey for somebody that’s looking to hurt them,” said Jackie Waltman, Administrator for CDCR’s Antelope Valley Parole Office. “That’s why it’s so important that we don’t allow them [sex offenders] to have anything that would lure a…

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California 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…

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AUS: Why name and shame sex offenders, asks Tom Percy

THE experience with sex offender registers in the US has included deaths and gratuitous violence, as well as payback measures. There are a couple of convicted murderers living in the same suburb as I do. I know, because I’ve seen them. There are probably a few in your suburb, too. Maybe even your street. After all, almost all of them do eventually get out, and they have to live somewhere. Full Article

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Court 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…

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Another one bites the dust: Hollow SVP prosecution no match for jurors’ common sense

15 minutes. After a five-week trial, that’s how long it took a jury in a rural Northern California county to decide that an openly gay man who had served two years in prison for a forcible oral copulation of an acquaintance back in 2003 did not merit civil commitment as a sexually violent predator. The prosecution’s case featured a lone government psychologist whose opinion rested on a hollow combination of homophobia, bogus psychiatric diagnoses and trumped-up risk estimates. The psychologist cited archaic (and discredited) Freudian theory to claim that the…

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COMMENTARY: SOME U.S. SEX LAWS DRACONIAN AS GOVERNMENT SEEKS TO PROTECT CITIZENS

No country on the planet has tried to control it’s citizens sexual behavior more than the United States. That statement is not about the necessity of such laws but rather a matter of fact. Fear and a demand for government protection from “predators” has created some really bad public policy. Originally set up to protect children from pedophiles, the expansion of the publicly available sex offender registry now includes anyone and everyone convicted of a felony with the word sex in it. Getting drunk and showing off your junk can…

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Convicted East Bay Sex Offender Killed In Prison Cell

FOLSOM, Sacramento County (CBS SF) – A convicted sex offender from Contra Costa County who was killed in an apparent homicide in his state prison cell in Folsom last week has been identified as 51-year-old Raymond Johnston. Lt. Tony Quinn, of California State Prison-Sacramento in Folsom, said correctional officers found Johnston unresponsive in his cell just after 9 p.m. Wednesday as prisoners were being counted. Full Article

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