Seeking to protect civil rights for a “socially outcast minority,” the California chapter of Reform Sex Offender Laws this year has sued 22 municipalities for ordinances that the group contends are inconsistent statewide and unconstitutional, the organization’s president said Monday. San Bernardino County on Oct. 14 was the latest target of California Reform Sex Offender Laws, which is led by Santa Maria attorney Janice Bellucci. Full Article Earlier Article
Read MoreTag: Presence Restrictions
Don’t Water Down This Law [Editorial]
Along with big-time drug dealers and terrorists, registered sex offenders may constitute the most odious group of individuals with which society must contend. But despite the disdain most people feel for them, a movement is afoot to strike down local ordinances that go beyond the limits of California law, which restricts only those sex offenders who are on parole and whose victims were under age 14 from visiting public parks without their parole officer’s OK. Full Editorial
Read MoreSan Bernardino County sued over controversial sex offender ordinance
SAN BERNARDINO >> A civil rights attorney fighting for the repeal or revision of laws restricting the movement of sex offenders in cities and counties across California has sued San Bernardino County, challenging its ordinance. Full Article
Read MoreBaldwin Park to consider suspending sex offender restrictions
BALDWIN PARK >> The city could stop restricting where sex offenders can live and move if the council takes the city attorney’s recommendation at its Wednesday meeting. The Baldwin Park Municipal Code prevents sex offenders from living within 2,000 feet of any children’s facility and from loitering within 300 feet of any children’s facility. The law was enacted in December, 2006, based on a section of the state penal code that allows cities to adopt tighter restrictions on where offenders can live and move. Full Article
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 rules on difficulty for sex offenders to live in Brooklyn
Forcing sex offenders to stay 1,000 feet away from schools, playgrounds and daycare centers if they were convicted before that state law was enacted is unconstitutional, a new Brooklyn Supreme Court ruling has found. Full Article Also see: Devine v Annucci (decision)
Read MoreThe Better Part of Valor: Amending Local Sex Offender Ordinances
A series of lawsuits against California cities has brought the issue of sex offenders in the community back to many city agendas and local public meetings. Two recent decisions by the California Court of Appeal and a case pending before the California Supreme Court effectively limit cities’ ability to enforce local ordinances regulating registered sex offenders who live in their jurisdictions. Few city officials or residents favor the idea of repealing an ordinance intended to protect children from predators, but many cities with such ordinances are being forced to do…
Read MoreNY: Judge Finds State Limits on Sex Offender Moves Illegal
A judge has found the state’s 2005 restrictions on sex offender movement violate constitutional bans on retroactive punishment when applied to a man convicted of sexual abuse in 2002 and effectively banished him from many parts of Brooklyn as a result. Brooklyn Supreme Court Justice Yvonne Lewis determined that Executive Law §259-c(14)—which forbids sentenced offenders from “knowingly entering into” publicly accessible areas within 1,000 feet of school grounds and other institutions where minors are present—violated the Ex Post Facto Clause of the Constitution in the case of ____ ____, convicted…
Read MoreFL: Landlord Bucks Trend, Offers Housing to Sex Offenders
Laws that restrict where sex offenders can live when they are released from prison leave many homeless, but one south Florida apartment manager is providing housing opportunities by leasing apartments to offenders on liberal terms. “I just believe that everybody deserves a second chance,” said Pamela Eaton, the manager of Fairfield Apartments in south Fort Myers. She indicated her goal is to help sex offenders become independent and productive citizens, “because everybody makes mistakes.” She considers post-release housing one step in that direction. Full Article
Read MoreHesperia settles sex-offender lawsuit
HESPERIA — An agreed-upon dismissal of a registered sex offender’s federal lawsuit was filed Thursday following a settlement. The suit had been filed in July over delay in approving municipal code changes about “presence restrictions” for sex offenders. Hesperia city code sections regulating the residency, mobility and business activities of registered sex offenders were preempted by several state laws that, when taken together, form “a standardized, statewide system” to regulate their presence, according to Hesperia’s attorney. Full Article
Read MoreDA’s Sex Offender Ban Continues to Be Repealed by Cities
Westminster city officials this week became the latest Orange County city to repeal a ban on sex offenders in city parks, following a recent appeals court ruling striking down a similar county law. Wednesday night, council members voted 3-1, with councilmember Sergio Contreras voting no and Andy Quach absent, to repeal the ordinance requiring convicted sex offenders to get written permission from police before setting foot in a city park. Violation was a misdemeanor. Full Article Note: The Article contains a video segment of the December 2012 Lake Forest City…
Read MoreWestminster expected to repeal sex-offender ban
WESTMINSTER – The City Council on Wednesday will likely repeal its ban on registered sex offenders entering public parks – a move that staffers hope will both satisfy recent court decisions that prevent cities from enacting such laws and help settle a potentially expensive lawsuit. Full Article
Read MoreBellflower eases ‘loitering’ rules for sex offenders
BELLFLOWER — The City Council Monday night gave final approval to an ordinance change halting the enforcement of “loitering” restrictions on registered sexual offenders as listed in a 2010 city law and instead aligns itself with state law on the subject, which is not as restrictive. Originally approved Aug. 25, the ordinance change will take effect in 30 days. There was no comment on the unanimous decision from council members or the audience. Full Article
Read MoreSex Offender Sues Westminster For Enacting “Unconstitutional” City Park Ban
An activist working to reform municipal and county sex-offender restriction laws in California is now targeting the City of Westminster, according to a federal lawsuit. Full Article
Read MoreCivil rights activist group sues South Pasadena over ‘arbitrary and discriminatory’ sex offender ordinance
SOUTH PASADENA >> A civil rights activist group filed a lawsuit against South Pasadena this week, alleging the city’s sex offender ordinance strips “a socially outcast minority” of their First, Fifth and Fourteenth Amendment rights. Attorney Janice Bellucci, president of the California Reform Sex Offender Laws organization, called South Pasadena’s Title 20E-1 through 20E-10 municipal code arbitrary and discriminatory. The regulation was passed in 2009. Full Article Also see: South Pasadena Ordinance Challenged in Federal Court South Pasadena agrees not to enforce city’s presence restrictions
Read MoreSouth Pasadena Ordinance Challenged in Federal Court
A sex offender ordinance adopted by the City of South Pasadena has been challenged in a lawsuit filed today in federal district court on behalf of a registered citizen. “The lawsuit was filed today because the City of South Pasadena Police Department recently arrested a registered citizen who did not live in that city, but who chose to visit a park in that city,” stated California RSOL president Janice Bellucci. “The City did so despite the fact that the City Council instructed city staff on February 19 not to enforce…
Read MoreAdelanto to amend sex offender code
ADELANTO — The City Council has voted unanimously to approve the first reading of an ordinance that would amend the city’s code to comply with recent court rulings regarding the presence of registered sex offenders at public parks. “Recent decisions have been issued by the Court of Appeals which call into question the validity of city ordinances that prohibit sex offenders from entering city parks,” a city staff report reads. Full Article
Read MoreCarson vows to ‘go to war’ to keep sex offender restrictions
Carson’s political leaders are prepared to throw the city’s weight — and its bank account — behind a legal and legislative battle to maintain control over where sex offenders are allowed to visit and live in the city. Full Article
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