HUNTINGTON BEACH – After one lawsuit and threats of lawsuits from civil rights groups, Huntington Beach has joined the list of Orange County cities that have repealed an ordinance that bans registered sex offenders from entering parks without permission from the police chief.
The City Council on Monday voted 6-0 to repeal the ordinance after a state appeals court in January struck down similar bans in Irvine and at county recreational areas. In April, the state Supreme Court declined to review the lower court’s decision.
Huntington Beach City Attorney Jennifer McGrath said Monday that the city has been involved in litigation for the past 11/2 years over this issue. In May 2013, an Orange County registered sex offender, now married with children and convicted of a felony more than 15 years ago, filed a lawsuit against the cities of Huntington Beach and Seal Beach, arguing that the laws are unconstitutional.
“We were one of many cities (in Orange County) that adopted this ordinance,” McGrath said.
She also confirmed that the city has received a letter with the threat of a lawsuit from the American Civil Liberties Union.
Councilman Dave Sullivan said he was casting a “yes” vote “under extreme protest.”
“This is forced on us because the ACLU, which I think is wrong 98 percent of the time, sent a letter that they are going to sue us,” he said. “This is absolutely ridiculous. I feel like I’m doing this with both hands tied behind me and a gun to my head.”
The council voted to repeal the ordinance 6-0, with Councilman Joe Carchio absent. The city passed the ordinance on Nov. 7, 2011, mimicking a law passed by the county giving the Orange County Sheriff’s Department the discretion to issue permits for registered sex offenders to temporarily enter county parks on a case-by-case basis.
District Attorney Tony Rackauckas helped craft the county law and urged cities countywide to institute such bans. But, even the District Attorney’s Office ended its efforts to defend the sex offender ordinances after the recent state Supreme Court decision, which deemed them unconstitutional.
Huntington Beach’s ordinance, which was repealed, barred parents who were registered sex offenders from entering city parks with their children irrespective of the type of violation or how long it had been since the offense had been committed.
So far, Lake Forest, Laguna Hills and Rancho Santa Margarita have repealed similar ordinances in their cities. ..Source.. by DEEPA BHARATH
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