After the California Supreme Court declared unconstitutional municipal residency restrictions for persons on the registry who are not on probation, many repealed theirs. San Diego, on the other hand, dug in their heels and refused repeal theirs. The Alliance for Constitutional Sex Offense Laws’ Janice Bellucci warned them she would sue unless they changed their unenforceable residency restriction. Their own City Attorney also suggested they repeal it.
But the city commissioners ignored the advise of their own attorney, ignored the ruling from the California Supreme Court and worst of all, ignored the social science that evidences residency restrictions do nothing to protect children, and got themselves sued.
At the end of the day, the lawsuit cost the taxpayers of San Diego $122,600 in attorneys fees paid to Janice and the attorney they needed to hire to defend the lawsuit. That money could have been used to buy a few sets of playground equipment, hundreds of laptops for classrooms or gone to countless, more productive uses.
The city of San Diego mirrors the state of Michigan in that the politicians aren’t going to lift a single solitary finger to change their socio-politically popular sex offender restrictions. They are going to let the courts be painted as the bad guys so that they can go back to their voters and say, “We didn’t chuck the laws you demanded; the COURTS did! Our hands are clean in the matter, so please vote for us again!”
Not much different here in Florida. “Pocket Parks” are springing up all over Volusia County. They are specifically designed to limit the area that an offender can reside in. The code here is that a S.O. has to be over 2,500 feet away from any park, School, or Daycare. Put up enough “pocket Parks” and there will be no where in Volusia a S. O. can live. A Pocket Park is a park with a Picnic Bench and a swing set. That is basically about it! I sincerely hope that the Michigan Lawsuit is successful and that other States will be sued right afterwards. Including Florida!
Thanks for the info. I’ll be letting family members in San Diego know and they’ll write some “thanks for wasting our money” letters.
The Constitution says they can’t deprive citizens of ‘life, liberty, or property’. It does not say property already obtained; therefore, residency restrictions that prevent registrants from obtaining a home in some areas is unconstitutional.
Excellent!
Priceless!!
Miami-Dade suit over residency restrictions— still waiting on ruling from 11th Cir.?
They have not had oral arguments yet: https://floridaactioncommittee.org/11th-circuit-court-of-appeals-requests-oral-argument-in-does-v-miami-dade/