Three cities and San Diego County are reviewing their bans on sex offenders being near schools and parks this week after the California Supreme Court declined to review lower court rulings declaring similar restrictions illegal.
National City, La Mesa, Santee and the county have all adopted ordinances that prohibit sex offenders from being within 300 feet of a school, day care center, arcade, playground, park or amusement center, to some degree.
National City and La Mesa ban sex offender presence within the 300-foot buffer outright, while Santee and the county prohibit loitering there, and define loitering in different ways.
The Orange County District Attorney had asked the state’s high court to review two January appeals court decisions that struck down City of Irvine and Orange County ordinances requiring sex offenders to obtain permission from local authorities before entering a city or county park.
The court’s denial Wednesday let the 4th District Court of Appeal decisions stand, which held, “The state intended to fully occupy the field of regulating registered sex offenders,” therefore the added rules conflict with state law and are void.
National City, and four other cities around the state, were sued for their sex offender rules in federal court earlier this year by registered sex offender Frank Lindsay and his attorney Janice Bellucci, president of the nonprofit California Reform Sex Offender Laws. The pair sent letters to more than 70 cities — including La Mesa and Santee — warning them they too could be sued if they don’t repeal their ordinances.
The lawsuits claim the bans conflict with state law, and violate rights granted in the U.S. Constitution.
Lindsay, a resident of Grover Beach who was convicted of lewd and lascivious acts with a child under 14 in 1979, said, “I’m afraid to travel anywhere in the state because of all these restrictions… My tax dollars go to build a park or a library. I should be able to go to those places a citizen.”
“My life was destroyed because of Megan’s Law and the public registry. It turned me into a villain,” he said. “Everybody has the opportunity to restore themselves.”
National City Mayor Ron Morrison said the city has no immediate plans to resume enforcement of the city’s ban while considering its options. The council adopted the ordinance in 2005 before some state laws were passed regulating sex offender presence on school and park grounds, a fact he said may help the city’s case.
“If we have to come up with a new ordinance or approach it with new state legislation, we are certainly not rolling over on this one,” Morrison said. “We want people to live their lives. We just don’t see the need for those convicted of sexual abuse to be around playgrounds or hanging around nursery schools.”
“Communities want us to protect children. We will look at what avenues are left,” he said.
La Mesa City Attorney Glenn Sabine said, “We are aware of the issue and we’re looking into it and we will make the appropriate changes as warranted.” Asked whether their ban would continue to be enforced, Sabine said, “The city has no plans to enforce an invalid ordinance.”
Santee city officials said the warning letter was under review and there are currently no plans to make any changes to their ordinance.
The County of San Diego, which has not been warned of legal action, “is considering the steps it will take with respect to its own ordinance,” Spokeswoman Sarah Gordon said.
Lindsay said his desire to get local ordinances repealed is not a selfish one.
“I am not doing this for myself… I am doing this for the 105,000 other individuals who are registrants, and their families.” ..Source.. by Ashly McGlone
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