The state court of appeal has decided to review an Orange County law that bans registered sex offenders from county parks, beaches, harbors and other recreational areas.
The conviction of a sex offender who visited a county park in Fountain Valley was recently overturned by a three-judge Superior Court appellate panel, which said the ban was trumped by a similar but less restrictive state law. The panel sent the case to the Court of Appeal, which will take up the matter.
After the county passed its ban, cities such as Lake Forest, Mission Viejo, Rancho Santa Margarita, Seal Beach, Fountain Valley, Los Alamitos and Laguna Niguel approved similar measures. But this month, Lake Forest repealed its ban, citing the cost of defending it in court and questioning its necessity and effectiveness.
"The ordinance on its face violates both the state and federal constitutions,” Janice Bellucci, president of the California Reform Sex Offender Laws, said in a press release. Belluci also said the ban "does not increase public safety because more than 90 percent of the individuals who sexually assault children are family members, teachers, coaches and clergy, not registered sex offenders.”
The opening brief from the Office of the Public Defender is due Jan. 17, but there has been no date set for the court’s decision.
I said that no sex offenders should be allowed near children, basically. You stated that was absurd. What is your problem?! Would you LIKE s.o. "near children"? First of all, no one can identify s.o. in a crowd. The punishment should come when they are convicted. No registry. No chasing them down to follow the laws. No ankle bracelets to track them. Much more serious consequences are needed. We need to permanently stop them. We OWE THAT to our children.
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Some facts for you dunderhead: (1) Most sex offenders are not interested in children. (2) More than 98% of sex crimes do not happen in parks. (3) Drunken drivers take many, many more lives of innocent victims than sex offenders. (4) In America the rule has always been once a convicted criminal pays his judicial debt to society he or she is able to begin a new life and incorporate themselves into our society. Now you want to punish someone for life even after he or she pays their legal debt. You should consider moving to North Korea. You'd probably love it there. But I wouldn't want to confuse you with the FACTS.
The large majority of sex offenders are NOT interested in children. Can't you understand that? Do I have to spoon feed it to you? Why should some 19 year old guy who had consentual relations with a 16 year old girl and had to register as a sex offender not be able to visit a local park? Don't they teach you about the US Constitution in school anymore these days? Or have you been so brainwashed that you think the US Constitution doesn't matter anymore and is obsolete??? Very very sad. No wonder this country is going to hell in a handbasket.
Parks are one of the least likely place that a sex offender or child molester finds or attacks it's prey. It would be like forbidding a former bank robber from attending church. It makes no sense. Secondly, we are talking FORMER offenders who have stayed clean forever. Why would you want to continue to punish people who have reformed and fulfilled all their judicial obligations? Thirdly, it is blatantly unconstitutional. Why would want to violate our most sacred national document?
And yes, some should not allowed in parks and they are not. State law provides that a person on parole for a registrable sex offense who offended against a minor under 14 is prohibited from entering into a park. While on parole. Anything over and above that, enacted by a municipality, preempts State Law and with that, violates the State Constitution. You or I may not like it but I expect that the Appellate Court will uphold the recent Superior Court decision and find that the recent presence ordinances are unconstitutional and render them null and void. We will find out soon. The only surprise is that they lasted this long... I wonder if any RSOs are planning on suing any of the cities who did not immediately start the repeal process after the recent court decision. Seems like shooting fish in a barrel...
Parks are on about the bottom of the list for sexual assaults. Makes no sense. But if a pedophile is on probation or parole - order him to stay away from those as well. But forbidding all convicted sex offenders off probation or parole from going into parks is crazy. This is something I would expect to read in the North Korean Times. Does that explain my position on this? Oh, and I am no fan of sex offenders. Trust me. I just love my US Constitution more than I hate them. That's all.
I see this as a violation of our US Constitution and I take that very seriously. RSO's should not be society's modern witches so that prosecutors can increase their popularity with the electorate. That is an abuse of the justice system. It is despicable. I am ashamed of our leaders for pulling this stunt. It should never happen in a constitutional republic. I can't say that I have a favorable opinion of RSO's who have harmed another human. But I love my US Constitution much more than I could ever hate an RSO. I defended the honor of the US Constitution when I served in the military - and I will continue to do so. I understand your outrage. Hopefully saner minds will prevail.