AUSTIN — Forty-six small cities across Texas are facing a new legal challenge to their ordinances that regulate where registered sex offenders can live, including several in the Houston area. Texas Voices for Reason and Justice, a statewide criminal-justice advocacy group, announced Monday it has” initiated action to compel, through litigation if necessary,” the repeal of the ordinances in so-called “general law” cities — the latest challenge to the residency limitations in Texas and across the country. Full Article
Read MoreTag: Law Suit
MI: Sex offender suit says Michigan registry unfairly restricts housing, employment
GRAND RAPIDS, MI – A man on Michigan’s Sex Offender Registry contends changes in the law severely restrict access to housing and contain requirements so vague that offenders cannot know if they are in compliance. Full Article
Read MoreFL: Man arrested in child sex sting sues Orange County Sheriff Office
ORANGE COUNTY, Fla. — A man arrested in a child sex sting is suing the Orange County Sheriff’s Office on claims of entrapment. ____ ____’s attorney said deputies tried to entrap his client, who he said never had any intentions of meeting a 14-year-old girl. Full Article Related http://articles.orlandosentinel.com/2011-11-01/news/os-sex-sting-child-predators-arrests-20111101_1_youth-pastor-disney-worker-disney-employee
Read MoreRI: ACLU to sue over Level III sex offender housing ban
The Rhode Island Affiliate of the American Civil Liberties Union said Thursday that it will file a lawsuit challenging a new state law that makes it a crime for high-risk sex offenders to live within 1,000 feet of a school. Full Article Related RI: Outcasts – Level III sex offenders in R.I. can’t live within 1,000 ft. of schools
Read MoreMurrieta Residency Restrictions Challenged in Federal Court
A registrant wishing to relocate to the City of Murrieta is challenging the residency restrictions adopted by the City of Murrieta, located in Riverside County. The restrictions prohibit most registrants from living within 2,000 feet of a child day care center, park, or school. CA Reform Sex Offender Laws President and attorney Janice Bellucci filed the lawsuit on October 6 on behalf of plaintiff Frank Lindsay. “Murrieta’s residency restrictions effectively banish most registrants from residing in that city,” stated Bellucci. “The restrictions prohibit registrants from living in at least 90…
Read MoreMN: Judge mulls reforms to ‘unconstitutional’ sex offender treatment
A federal judge said Wednesday he will rule on the fate of Minnesota’s sex-offender treatment program within 30 days, hoping to protect the civil liberties of its patients but also communities where offenders might be released. U.S. District Judge Donovan Frank has already found the Minnesota Sex Offender Program (MSOP) unconstitutional; during a morning court hearing Wednesday he heard arguments on its future from attorneys representing a group of confined sex offenders and from the state agency that runs the program’s two locked treatment facilities. Full Article
Read MoreFL: FAC Sues Seminole County, Florida over Sex Offender Exclusion Zones Ordinance
The Florida Action Committee (FAC) has sued Seminole County and its Sheriff over the County’s proximity ordinance, which prohibits certain registered sexual offenders and predators from traveling through or being present within “exclusion zones” that encompass most of the County. The problem is that the zones are so broad and so vague that law abiding registered citizens cannot comply with the ordinance. Full Article
Read MoreGROVER BEACH REPEALS RESIDENCY RESTRICTIONS FOLLOWING LAWSUIT CHALLENGE
The City Council of Grover Beach, in a vote of 5 to 0, voted on September 8 to repeal a city ordinance that prohibited California sex offenders (“registrants”) from living within 2,000 feet of any school, park, or day care center. The action follows a lawsuit filed on June 17 by California Reform Sex Offender Laws President and attorney Janice Bellucci on behalf of registrant Frank Lindsay who has resided in Grover Beach for 18 years. “This decision is important because it recognizes that residency restrictions do not increase public…
Read MoreMA: High court shoots down city’s residency restrictions on sex offenders
BOSTON – In a ruling that could affect dozens of Massachusetts communities, the state’s Supreme Judicial Court on Friday agreed an ordinance limiting where sex offenders can live in the city of Lynn cannot stand. Several registered sex offenders sued the city after local officials enacted an ordinance in 2011 that prevented Level 2 and 3 offenders from living within 1,000 feet of a school or park. A level 3 offender has been deemed the most likely to commit another crime, according to the state Sex Offender Registry. Full Article…
Read MoreAL: Sex Offender Law Challenged
MONTGOMERY, Ala. (CN) – Sex offenders in Alabama must comply with debilitating restrictions that encompass “virtually every facet of their lives,” eight men claim in a class action. Eight John Doe plaintiffs sued General Luther Strange III and Secretary of the Alabama Law Enforcement Agency John Richardson in Federal Court. The Aug. 20 complaint seeks court relief to prevent application of the Alabama Sex Offender Registration and Community Notification Act, or ASORCNA, claiming the law is unconstitutional. The lawsuit argues that the act violates due process by denying sex offender…
Read MoreREGISTERED CITIZEN SUES CITY OF CYPRESS IN ORDER TO CONTINUE LIVING WITH FIANCEE [updated with media]
A lawsuit filed in Orange County Superior Court on August 13 challenges a new sex offender (“registrant”) ordinance in the City of Cypress that would force registrant Richard Linington to leave the home of his fiancée where he has been living since 2011. The ordinance, which is scheduled to become effective on August 26, 2015, prohibits registrants from living within 1,000 feet of any school, park, or day care center. The lawsuit seeks a temporary restraining order (TRO) that would maintain the status quo by preventing the ordinance from taking…
Read MoreMA: Worcester’s sex-offender ordinance awaits court ruling on Lynn measure
WORCESTER — Local efforts to restrict where Level 2 and Level 3 sex offenders can live in the city have been put on hold, pending the outcome of a legal challenge to a similar ordinance adopted by another community that is now before the state Supreme Judicial Court. Councilor-at-Large Morris A. Bergman, chairman of the City Council Public Safety Committee, said it is his understanding that arguments regarding that residency ordinance are expected to be made before the SJC in April, with a decision likely to come out in June.…
Read MoreShould registered sex offenders be allowed to keep lottery winnings?
Last month, Timothy Poole of Mount Dora, Florida, won nearly $3 million on a scratch-off lottery ticket purchased at a 7-Eleven. Like most jackpot winners, he was given a giant check and got his picture taken by the state lottery. But that picture may have gained the ex-cab driver a lot more publicity than he ever wanted. Soon after Poole cashed in a lump sum of over $2.2 million dollars (after taxes), his picture was recognized and his past came back to haunt him. Poole is a registered sexual offender: After…
Read MoreCity of Carson Charged With Fraud, Breach of Contract
The City of Carson has been charged with fraud and breach of contract due to its failure to significantly revise the city’s sex offender ordinance despite a settlement agreement in which the City promised to do so no later than August 24, 2014. A lawsuit was filed in Los Angeles Superior Court on October 1, 2014, requesting that the court require the City revise its ordinance in accordance with the settlement agreement. In addition, a government claim was filed with the City Clerk on the same day requesting monetary damages.…
Read MoreNY: Judge Rejects Sex Offenders’ Challenge to Residency Laws
The claims of nine convicted sex offenders that New York state, county and town sex offender registration requirements and residency restrictions are unconstitutional have been dismissed by a Brooklyn federal judge. But Eastern District Judge Pamela Chen (See Profile) also dismissed without prejudice their claim that state residency laws preempt more restrictive local laws. Full Article
Read MoreOK: Supreme Court rules on sex offender lawsuit [updated with decisions]
OKLAHOMA CITY – The Oklahoma Supreme Court says people convicted of sex crimes in other states are not required to register as sex offenders in Oklahoma if the convictions occurred before the Legislature passed a sex offender law and if they completed their sentence, probation or parole before Nov. 1, 2005. The justices ruled that two men convicted of sex crimes in other states were not offered the same protection under the law as people convicted of sex crimes in Oklahoma. Full Article Case Information http://law.justia.com/cases/oklahoma/supreme-court/2013/108819.html http://law.justia.com/cases/oklahoma/supreme-court/2013/108797.html
Read MoreNC: District Attorney accused of violating sex offenders rights
WENTWORTH – Is the Rockingham County District Attorney violating the constitutional rights of sex offenders? Someone seems to think so.A lawsuit, filed in August, claims Rockingham County District Attorney Phil Berger Jr., N.C. Governor Pat McCrory, N.C. Attorney General Roy Cooper and every other district attorney in the state did. “It is a lawsuit challenging the constitutionality on registered sex offenders being banned at certain locations,” attorney for the plaintiff Glenn Gerding said. 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…
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