Showing posts with label lawSuit. Show all posts
Showing posts with label lawSuit. Show all posts

Monday, February 23, 2015

UK - Facebook case: Sex offender is awarded £20,000 in damages

Facebook lawsuit
Original Article

02/20/2015

Damages of £20,000 have been awarded to a convicted sex offender who sued Facebook, the operator of a page called Keeping our Kids Safe from Predators 2.

Facebook Ireland Limited, hosted the page, operated by Joseph McCloskey.

The High Court in Belfast said the information published by Mr McCloskey "harmed the public interest, creating a risk of reoffending".

The plaintiff, CG, was convicted in 2007 of a number of sex offences.

He was sentenced to 10 years imprisonment and released on licence in 2012.

'Harassment'
CG brought an action seeking damages and an injunction on the basis that Facebook and Mr McCloskey misused private information, are in breach of Articles 2, 3 and 8 of the European Court of Human Rights, and are guilty of actionable negligence.

He also sued Facebook over separate postings by the father of one of his victims.

The judge found that Mr McCloskey was liable to CG for misuse of private information and for unlawful harassment.

The judge also made an injunction against Mr McCloskey preventing him from harassing, pestering, annoying or molesting CG whether by publishing, distributing, broadcasting or transmitting any information on Facebook or otherwise.

He also ordered Facebook to close the profile/page Keeping our Kids Safe from Predators 2.
- Well, if they closed it, a new page has popped up.  Not sure if it's ran by the same person or not though.

The judge awarded CG damages of £20,000.

This relates to £15,000 against Facebook and Mr McCloskey in respect of the postings by Mr McCloskey.

The judge also awarded £5,000 against Facebook over the postings by the father of one of CG's victims, who operated a separate page.

Lawyers for the sex offender who issued proceedings have predicted it could pave the way for compensation claims by many others who feel similarly aggrieved.

Saturday, August 9, 2014

AZ - Owner of websites loses case in federal district court

Original Article

Click the "Offendex" label above for all related articles.

Excerpt:
This newsflash from California RSOL Charles Rodrick, owner of a family of websites that publishes the names, photos and other personal information regarding registered citizens and sometimes members of their families, today lost a case filed against him.

Saturday, July 19, 2014

CA - Tehachapi removes local sex offender ordinance from the books

Repeal the law
Original Article

07/10/2014

By JACK BARNWELL

Tehachapi's city council on Monday finalized a repeal of a local sex offender ordinance in order to stave off potential lawsuits.

City Attorney Tom Schroeter had recommended the council repeal an ordinance adopted in 2010 that was a stricter version of a California state law that prohibited any registered sex offender from loitering within 300 feet of a public or private school, park, school bus stop or similar facilities.

Two court opinions, including one case against the city of Irvine and Orange County, ruled that such local ordinances could not be enforced, and that it fell to the state to mandate such laws.

The presiding case was People v. Nguyen, which was ruled on in January in the 4th District Court of Appeal. The California Supreme Court denied an appeal of the case by the Orange County district attorney's office in April.

Tehachapi modeled its ordinance after one that Shafter had on its books at the time. Shafter suspended its law this spring, waiting to see what happens with litigation in other cities. Then it'll decide whether to amend, repeal or keep the law.

Following the court's rulings, a group called California Reform Sex Offender Laws issued letters to several cities, including Tehachapi, saying it would sue if the municipalities did not rescind the ordinances.

"They sent letters to cities in Kern County and around the state and have sued several other cities," Schroeter said.

Schroeter recommended the council revoke the ordinance, as the city would likely lose a lawsuit. It would also be responsible for any of the suing organizations' legal fees, in addition to its own.

"When they win, their legal fees have to be paid, and your fees also have to be paid," Schroeter said.

The city attorney also noted that retired Police Chief Jeff Kermode had stated no one had ever been cited under the Tehachapi ordinance.

"Our particular law is already covered under state law," Schroeter said. "Sex offenders are still well controlled by state law and the ordinance here is not going to change that."

The state law, Jessica's Law (Proposition 83), bars convicted sex offenders from living within 2,000 feet of any school or any place where children gather. The law was passed by voters in 2006.

The council voted 5-0 to remove the ordinance from the city municipal code.

"In essence, we thought we were doing the right thing when we passed this ordinance to make things more restrictive," said Mayor Phil Smith. "It's been tried in court that says you can't do that so we'll just back off from our restrictions and go with what the state has on its books, which is fully enforceable."
- So is he admitting the laws are about punishment by making them more restrictive?

Wednesday, July 9, 2014

CA - Sex-offender ordinance to be repealed

Unconstitutional
Original Article

07/06/2014

By CRAIG SHULTZ and DAYNA STRAEHLEY

Riverside County is poised to do away with an ordinance that sets rules on where sex offenders can live or visit in an effort to avoid a lawsuit.

The county established sex-offender residency and loitering prohibitions for unincorporated areas in 2010, but the Board of Supervisors gave preliminary approval last week to repeal the law because an appeal court has invalidated similar ordinances in other municipalities.

Hemet and Beaumont changed their ordinances recently for the same reason.

The county ordinance sets limits on where parolees could live and how close they could come to schools, parks and child care centers. The court said such laws are unnecessary because local ordinances regulating sex offenders are trumped by state law, a county report states.

County counsel insisted that the 2010 law be repealed because a legal group has been suing other counties that had passed similar ordinances, said Jeff Greene, chief of staff for Riverside County Supervisor Kevin Jeffries.

The courts have struck down every meaningful provision of our ordinance in other counties,” Greene said.

We asked if there was any of this that ought to be salvaged,” he said. The county counsel’s office insisted that there are still “good protections for families against sex offenders.”

State penal code provisions include a lifetime requirements for sex offenders to register with local law enforcement, prohibitions against entering any park where children gather and a prohibition against a sex offender living with other sex offenders or within 2,000 feet of a school or park.

The 2010 county ordinance prohibited sex offenders from being within 300 feet of a park, school or day care center Supervisors have not heard objections to the repeal of the ordinance from the sheriff or district attorney, Greene said.

The county ordinance came amid public furor over the prospect of a child rapist and killer, _____, being released to a Perris-area group home. _____ eventually was turned away from the facility. Two court rulings said parts of the ordinance were illegal.

In September 2012, the 4th District Court of Appeal’s ruling on a San Diego County case decided that blanket restrictions of Jessica’s Law were unconstitutional.

The law, named after Jessica Lunsford, a 9-year-old Florida girl who was the murder victim of a convicted sex offender who had failed to report his whereabouts, was approved by California voters in 2006 (Proposition 83).

It requires registered sex offenders who have been convicted of a felony sex offense to be monitored by GPS devices and includes a number of other provisions that increase the legal penalties for specified sex offenses.

The ruling does not prohibit the Department of Corrections from individually enforcing residency restrictions of the law in San Diego County, but disallowed blanket enforcement.

A different division of the same Court of Appeal issued a decision earlier this year invalidating ordinances in the city of Irvine and Orange County that prohibited sex offenders from entering public parks and recreational facilities.

The state Supreme Court in April denied Irvine’s request to review the decision, keeping the ruling in place.

Thursday, July 3, 2014

CA - Sex offenders sue over ordinances that ban them from places

Sex offender lawsuit
Original Article

07/03/2014

By Jose Gaspar

BAKERSFIELD - Wasco and Taft are among a group of California cities being sued by a civil rights group that advocates on behalf of sex offenders.

In 2006, state voters approved Jessica's Law (Proposition 83), which bars sex offenders from living within 2,000 feet of a school or park.

Shortly after, numerous cities adopted much more restrictive local laws that prohibit sex offenders from being present in any "children's facility," such as a public library, school bus stop, or "any location that facilitates on their property classes or group activities for children."

"We believe it is a misguided and unconstitutional effort to do that," said Santa Maria attorney Janice Bellucci, president of California Reform Sex Offender Laws.

Bellucci said the group was created to give a voice to registered sex offenders.

In addition to Wasco and Taft, Shafter, Delano, Tehachapi and California City also passed similar sex offender ordinances. So far, Wasco and Taft are the only two cities in Kern County served with a lawsuit by the civil rights group.

In June, the Tehachapi City Council voted to repeal its ordinance rather than risk litigation.

"For us, it's going to be a point where we're going to be spending a lot of money on attorney fees," said Tehachapi Mayor Phil Smith. "And we will not win that battle."
- And that is why all states and counties must fight these laws!

In May, Shafter Mayor Jon Johnston wrote a letter to Bellucci stating Shafter would stop enforcing its ordinance pending further review. The city of Wasco is currently reviewing its response to the lawsuit.

For people such as _____ of Grover Beach, he said the ordinances and restrictions placed on his life have made it extremely difficult to continue with his life. According to the Megan's Law website, in 1979 _____ pleaded guilty to lewd or lascivious acts with a child under 14. He served six months in jail and was given two years probation. _____ went on to make a new life and opened a small business. He never committed a new sex crime again.

"The city of Pismo Beach awarded me volunteer of the year for a project I worked on for them," said _____.

But when word leaked about his past, _____ said his landlord terminated his lease and he was forced to lay off five employees and run his business from his home. His gross earnings fell dramatically, he said. He came home one night to find a man waiting for him inside his house. The man took a hammer to _____, who managed to fight him off, but _____ said he suffered numerous injuries. The assailant was arrested and is now in prison.

The way Bellucci sees it, not everyone on the sex offender registry should be on it.

"We have a boy on the registry because he streaked at his high school. That's a sex offense. We had a 16-year-old girl who took a nude selfie and shared it with some students at her high school, she's on the registry," said Bellucci.

And because cases like these are on the registry, they are subject to all sex offender restrictions. According to the California Department of Corrections and Rehabilitation, less then 2 percent of sex offenders on parole committed a new sex crime between 2007 and 2009. The vast majority of children who are sexually molested suffer at the hands of someone known to the family.

California Reform Sex Offender Laws is lobbying for the state to create a tiered registry that distinguishes between the severity of the offenses.

"There are people on the sex offender registry who have raped a child or an adult, and they certainly would be at the highest level," said Bellucci.

For _____, his 1979 conviction will never go away. California law requires him to register for life as a sex offender.

"That was 35 years ago I did something. That's not who I am today," said _____.

Thursday, June 12, 2014

CA - City being sued by registered sex offender

Lawsuit
Original Article

06/10/2014

By Doug Keeler

Lawsuit alleges ordinance designed to keep sex offenders away from parks, other areas are unconstitutional

The City of Taft is being sued by a registered sex offender.

The suit was filed May 29 in federal court and alleges an ordinance passed in 2007 designed to keep sex offenders away from areas where children are likely to congregate is unconstitutional.

City Attorney Jason Epperson met with the Taft City Council in closed session to discuss the suit.

The suit is not unique.

The plaintiff in the suit is _____, a man convicted in 1979 of lewd and lascivious acts with a child under age 14. That conviction requires him to register as a sex offender.

Similar suits have been filed against other California cities, alleging that ordinances similar to the one in Taft violate the fifth and fourteenth amendments of the United States Constitution, the ex post facto clause of the constitution and the California Constitution.

The suits centers on city ordinance 8-13, which states, in part:
  • It is unlawful for any registrant to reside within 2,000 ft. of any children's facility or child daycare center within the city.
  • It is unlawful for any registrant to loiter within 300 ft. of any children's facility or child day care center within the city.

The suit, filed by Arroyo Grande attorney Janice Bellucci, doesn't seek cash damages (it does seek attorney fees and other costs) but asks the court to order the city to stop enforcing the ordinance and declare the ordinance “null and void.”

Chief of Police Ed Whiting said that he doesn't believe the ordinance has ever been enforced and has no knowledge of it being enforced against the defendant.

Bellucci is associated with a group called California Reform Sex Offender Laws.

Taft isn't alone in being sued on behalf of Lindsay, a Grover city resident.

Lompoc was sued in April and Pomona was sued in April just to name a few.

Saturday, May 31, 2014

IL - UNITED STATES v. SIEGEL

Original Article

Excerpt:
Defendant Siegel was convicted of child sexual abuse, and the conditions of supervised release imposed on him—all for the entirety of his life remaining upon completion of his prison sentence—include a ban on the possession of legal or illegal material that “contains nudity” and the use any mood-altering substance, and a requirement that he undergo a sexual-offender treatment program. Defendant Norfleet was convicted of distributing illegal drugs. The conditions of supervised release imposed on him (for an eight-year period commencing with his release from prison) include a ban on the use of mood-altering substances and on excessive use of alcohol, and a requirement that he undergo substance-abuse treatment and cognitive behavioral therapy. These are only a few of the discretionary conditions of supervised release imposed on the two defendants.

Monday, May 19, 2014

AZ - Jury awards $3.4M to victims of sex-offender websites

Extortion
Original Article (Video available)

05/16/2014

By Robert Anglen

Victims targeted for harassment on sex-offender websites pleaded with a Maricopa County jury to financially punish the owner and take away his ability to continue operating.

On Wednesday, the jury listened.

In a unanimous verdict, jurors hit Valley businessman Charles "Chuck" Rodrick with a $3.4 million judgment on behalf of three people profiled on websites such as Offendex.com, SORArchives and SexOffenderrecord.com.

Rodrick is accused of running an Internet extortion racket that used public records maintained by law enforcement to demand money from sex offenders, harassing those who complained.

The jury awarded victims almost $500,000 in actual damages and $2.9 million in punitive damages, agreeing Rodrick defamed them, invaded their privacy, put them in a false light and abused the court system by filing lawsuits against them as a form of retaliation.

The decision came after the court last week declared Rodrick the defendant in defamation lawsuits he filed more than a year ago against those who publicly decried the websites, including his ex-wife, her boyfriend, a convicted sex offender from Washington and the offender's mother.

Superior Court Judge Douglas Gerlach also allowed several of the victims' counterclaims against Rodrick to go forward, reversing the roles of the defendants and making them plaintiffs. The move effectively put Rodrick in the position of defending himself in his own case.

Rodrick, 52, of Cave Creek, appeared unperturbed by the separate verdicts. The court clerk had barely finished reading the judgments when Rodrick leaned sideways in his chair and called out to the opposing parties with a promise to appeal.

"Well, gentlemen, you know the drill," he said in a loud, mirthful voice.

Rodrick, who for more than a year has refused to discuss his websites, declined comment after court Wednesday.

His victims said they were elated by the decision.

"I am super glad justice has been served," Phoenix resident David Ellis said following the trial. "I did ask (the jury) to make their verdict significant enough to keep him from ever climbing out of his hole, and they did."

Ellis said he was targeted after he began dating Rodrick's ex-wife while the couple were going through an acrimonious divorce. Court records show Rodrick posted information on several websites suggesting Ellis, a decorated combat veteran with no criminal record, was a child molester.

Ellis, who is co-owner of an airplane-parts manufacturing company in Phoenix called American Aerospace Technical Castings, said Rodrick posted false information accusing his company of making shoddy equipment. Ellis said Rodrick also accused him of workplace sexual harassment.

"It's kind of a shame. I fought for people's civil rights," Ellis said. "Then this guy, he used the First Amendment to attack me."

Rodrick's ex-wife, Lois Flynn of Chandler, said she felt vindicated. Rodrick's websites accused her of having an adulterous relationship, being an alcoholic and working with child molesters who sought to discredit the websites.

Flynn said the Internet postings damaged her reputation and affected her relationships at church, where she once worked with kids.

"In church Sunday, if anyone looks at me sideways, I can hold up the judgment and say I have been judged the right way," she said.

The jury awarded Ellis almost $2.2 million. It awarded Flynn $780,000. It also gave $467,000 to Susan Galvez, the mother of a convicted sex offender in Washington sued by Rodrick after her son launched an Internet campaign challenging Rodrick's websites.

In court, Galvez called Rodrick a "bad man." Her son, pleaded guilty to child molestation in 1996. The jury did not award him any damages, dismissing his claims against Rodrick.

_____ said he considered his mother's win a victory for the family. He said he felt vindicated the moment the judge declared him a plaintiff and he no longer faced the threat of Rodrick's lawsuit.

"I had nothing to lose," he said. "The jury did what was right. If they had gotten the time to get to know who I am, they probably would have ruled differently."

Galvez said he was putting his life back together in 2012 when he discovered his profile on Offendex.com. When Galvez refused to pay to have his name removed and began complaining publicly, he said, operators retaliated against him.

Galvez said he launched his own site, Offendextortion.com, as a way to fight back. He said Rodrick sued his mother as a way to get at him.

Galvez said two jurors told him after the trial that his conviction and background made it hard for them to award him damages. But he said they both wished him well.

None of the eight jurors on Wednesday commented on the case.

A Call 12 for Action investigation in 2013 found Rodrick's sites mined data compiled by law-enforcement agencies across the country and used it to collect money from sex offenders. Operators did not always take down profiles after payments were made, and they launched online harassment campaigns against those who balked at financial demands or filed complaints.

The investigation found the websites listed individuals as sex offenders who no longer were required to register or whose names had been removed from sex-offender databases. The sites included names and personal information of people who had never been arrested or convicted of a sex crime.

The Internet-savvy operators ensured anyone in their databases could be found easily on a Google search. They prominently profiled specific individuals, published their home and e-mail addresses, posted photographs of their relatives and copied their Facebook friends onto the offender websites.

In court filings, Rodrick repeatedly denied owning the websites.

In March, a Maricopa County Superior Court judge found Rodrick controlled the websites, owned the domain names and was the only person capable of posting and removing information on the sites.

The judge sanctioned Rodrick for violating court orders and for failing to take down posts about Ellis, Flynn and the Galvezes.

The judge also sanctioned Rodrick's girlfriend Traci Heisig, a court reporter and owner of Desert Hills Reporting in Phoenix. The judge said Heisig, who joined Rodrick in defamation lawsuits, willfully refused to comply with court orders.

After she and Rodrick were declared defendants, Heisig was dismissed from the case.

Rodrick's former partner, Brent Oesterblad, testified that he helped disguise Rodrick's ownership interest by opening bank accounts and filing corporation papers for him. He said Rodrick further hid his role by registering website domain names in foreign countries and running them through proxy servers. His claims were backed by court and financial records.

Rodrick and Oesterblad, both of whom were convicted on fraud-related charges in the early 1990s, were at the center of state and federal lawsuits. Sex offenders and others named on the websites have accused them of running an extortion racket. Rodrick and Oesterblad are also accused of posting inaccurate or old information and using the threat of exposure as leverage in their operation.

Lawyers for Ellis, Flynn and the Galvezes credited Oesterblad with coming forward and providing crucial financial and operational data about the websites. They described his testimony as articulate and truthful. Claims filed against him in the Maricopa County case were dropped.

Rodrick, who represented himself in court, painted himself as a victim.

"It's not easy to be a defendant when you were the plaintiff," he said in a rambling closing argument Wednesday in which he denied ownership of the websites, argued about the amount of money they generated and complained about various court rulings.

See Also:

Friday, May 16, 2014

CA - Wasco sued over sex offender ordinance

Lawsuit
Original Article

05/16/2014

By Jose Gaspar

WASCO (KBAK/KBFX) - A lawsuit filed Thursday in federal district court in Los Angeles by a group called California Reform Sex Offender Laws challenges a Wasco ordinance that restricts sex offenders.

"We allege that the Wasco sex offender ordinance violates both the federal and state constitutions," said Santa Barbara attorney Janice Bellucci, president of the nonprofit legal group.

Wasco approved the ordinance in 2007. It prohibits registered sex offenders from living within 2,000 feet of any "children's facility."

But, it also bans registrants from being within 300 feet of a wide range of public and private locations, such as libraries, day care centers, parks and other places.

Bellucci said registrants have a right to access a library.

"There's a constitutional right to access to information. That's part of the 1st Amendment to the U.S. constitution, and that is being abridged by this city ordinance," said Bellucci.

She said the goal is to get rid of "presence restrictions" in every county in California in 2014.

Wasco city officials defend the ordinance, saying it was adopted with the intent of protecting residents and most of all, children.

"My intent is to protect the welfare and the safety of our children in our community," said Wasco Mayor Tilo Cortez.

According to Megan's Law website, Wasco has 15 registered sex offenders living within the city limits.

"Whenever you have registered sex offenders around small children, it's a concern for any parent," said Cortez.

The lawsuit is asking the federal court that it strike down the city's ordinance as null and void, and that Wasco pay all attorney fees and costs associated with the suit.

Five other cities in Kern County have similar sex offender ordinances in place: California City, Delano, Shafter, Taft and Tehachapi.

Just two weeks ago, the city of Shafter agreed to stop enforcing its ordinance after being informed by California Reform Sex Offender Laws that it, too, could be sued.

Cortez said he could not comment on the suit as the city has not yet been served.

"Obviously, we're just finding out about this, but we'll see where the law takes us," said Cortez.

Thursday, May 8, 2014

NH - Editorial: Sex offender registry law is unconstitutional

Morning paper and coffee
Original Article

05/07/2014

Today, New Hampshire’s Supreme Court will hear arguments in a case that will turn on the basic constitutional principle that criminal laws cannot be retroactive, thus punishing someone for an act that was legal at the time. Nor can the punishment for a crime be changed after the fact.

Though the case concerns a sex offender, the principle applies to every crime, and fairness dictates that the court uphold the state constitution’s requirement that “retrospective laws are highly injurious, oppressive and unjust.

The case involves a man convicted of sexually assaulting his 14-year-old stepdaughter a quarter-century ago. For purposes of disclosure, the New Hampshire Civil Liberties Union sued on his behalf, and he is being represented by William Chapman, a Concord lawyer who often represents this newspaper.

The man, now a disabled senior citizen, was convicted before a 1998 state law required that sex offenders register with authorities. That law has since been toughened roughly a dozen times. The registry, once confidential and available primarily to law enforcement, is now public.

Today, an offender’s name, address, photograph, conviction date and crime are all posted on a state website for all to see, and people on the registry are required to personally appear before local police four times per year.

The outcome could turn, as it did when the U.S. Supreme Court heard a similar case involving an Alaska sex offender registration law in 2003, on whether the court considers listing on the registry to be a punishment or regulation necessary to protect the public.

In the Alaska case, the high court deemed, in a split ruling, that registration is a regulation necessary to protect the public and thus not punitive.

In truth it was both, but since then the internet has exponentially increased the punitive effect of the registry.

Inclusion on it for life is the equivalent of the Colonial-era practice of “shaming,” which required that offenders wear a sign proclaiming their crime.

Think adulteress Hester Prynne in The Scarlet Letter.

Meanwhile, the public protection value of the registry remains doubtful. The overwhelming majority of those convicted of a sexual offense never re-offend, but it is next to impossible, once on the registry, to get off it with expert testimony or good behavior. That makes the registry so inclusive that it is of little use in alerting the public to convicts who remain dangerous.

In the Alaska Supreme Court case, then Justice David Souter voted to uphold the law out of respect for the legislative process, but he also wrote that “the fact that the Act uses past crime as the touchstone, probably sweeping in a significant number of people who pose no real threat to the community, serves to feed suspicion that something more than regulation of safety is going on; when a legislature uses prior convictions to impose burdens that outpace the law’s stated civil aims, there is room for serious argument that the ulterior purpose is to revisit past crimes, not prevent future ones.”

Appearance on the sex offender registry exposes those on it to humiliation, discrimination in employment and housing, threats and potential violence. It also leads to homelessness, which, because it makes offenders harder to track, is counterproductive.

For years, a disturbingly high number of people have been convicted of embezzling funds from their employer, town government, local sports league or nonprofit. Could the Legislature suddenly decide that the public needs to be protected from them, too, and pass a law requiring that, no matter when their offense was committed, their photograph and address should appear on a public website for all time?
- They should, to be fair!  If it's "okay" to violate one groups rights, then they should do it to everybody so we are all treated equally!

We say no, that would be retroactive punishment and thus unconstitutional. The same principle holds in the case being argued today.

Thursday, May 1, 2014

CA - Sacramento County sued over sex offender ordinance

Lawsuit
Original Article

04/30/2014

By Sam Stanton

Sacramento County became the latest governmental entity Wednesday to be sued over an ordinance limiting the movements of registered sex offenders near parks and other public places, but the practical effect of the suit may be negligible.

Attorney Janice Bellucci (Website) filed the suit in U.S. District Court in Sacramento on behalf of _____, a San Luis Obispo man who is a registered sex offender and has sued other municipalities over their ordinances limiting where sex offenders may go in public.

The suit challenges a 2006 county ordinance that forbids offenders from being within 300 feet of schools, parks, video arcades and other areas where children may be present. However, the practical effect of the suit is unclear because of earlier court rulings in Southern California that invalidated similar ordinances.

An appellate court in those cases found that such ordinances are invalid and leaves the state’s Jessica’s Law, passed by voters in 2006, as the main enforcement tool over paroled sex offenders. That measure prevents sex offenders on parole from living within 2,000 feet of schools and parks.

The Orange County district attorney had been pushing for additional local ordinances in Southern California communities, but the appeals court found them invalid. That finding was appealed to the state Supreme Court, which refused to hear the matter.

Sacramento County District Attorney Jan Scully’s office also provided information to area communities on such ordinances.

Our goal was to support local ordinances that kept the children of our community safe by restricting registered sex offenders’ presence at parks and public places regularly frequented by children, consistent with the intent of Jessica’s Law and the constitution,” Scully’s office said in an emailed statement. “Unfortunately, our Legislature did not clarify Jessica’s Law with respect to this issue so the responsibility was left to local governments.”

With the potential of all or most of these ordinances being rescinded in light of the court’s ruling, the Legislature should pass appropriate laws that will complement Jessica’s Law and the intent of California voters and protect our children from easy access by sex offenders.”

Wednesday, April 30, 2014

CA - California courts strike down local sex-offender ordinances

Lawsuit
Original Article

04/24/2014

By Sam Stanton

The California Supreme Court has left intact a lower-court ruling that invalidates local ordinances aimed at restricting the movements of registered sex offenders in dozens of cities statewide.

The court’s decision Wednesday not to hear a case involving a Southern California sex offender means city and county ordinances banning such offenders from public parks and other public areas no longer may be enforced, attorneys say. Instead, a state law governing where sex offenders on parole may live now stands as the main restriction.

If I read the tea leaves correctly, it’s probably dead everywhere in California,” Susan Kang Schroeder, chief of staff to Orange County District Attorney Tony Rackauckas said Thursday.

The Orange County District Attorney’s Office had led the effort to tighten restrictions on sex offenders and advised communities in that area on how to enact such ordinances.

We still believe that we were right on the law and we respectfully disagree,” Schroeder said. “We don’t regret the choices that we made in trying to keep sex offenders out of parks and keep children safe.”

The state Supreme Court’s action stemmed in part from an Orange County case in which a registered sex offender in Irvine went to a tennis court at a public park in violation of a local ordinance.

The offender pleaded guilty, but a public defender appealed the case and won a ruling that state law trumps such local ordinances, Schroeder said. Her office appealed that to the 4th District Court of Appeal, which agreed with the appellate decision, so the Orange County District Attorney’s Office asked the state Supreme Court to hear the matter.

That court declined to do so Wednesday. It also declined to hear a second, similar case involving an offender who was cited after going to a picnic at a county park.

The move effectively invalidates such local ordinances, Schroeder said, and leaves Jessica’s Law, passed by voters in 2006, as the main enforcement tool over paroled sex offenders. That measure, which also has faced court challenges, prevents sex offenders on parole from living within 2,000 feet of schools and parks.

Santa Maria attorney Janice Bellucci, president of a group called “California Reform Sex Offender Laws,” said the Supreme Court’s move is a “major victory” for efforts to provide more rights for individuals who must register on California’s Megan’s Law list of people with sex offenses in their pasts.

It means that our people on the registry – and we have over 105,000 now – can now go to public and private places that they could not go to before,” she said.

Bellucci has been waging a legal battle against such ordinances throughout the state and last month filed suit in U.S. District Court in Sacramento seeking to overturn a South Lake Tahoe measure.

The South Lake Tahoe ordinance prohibits sex offenders from being in or within 300 feet of public or private schools, parks, video arcades, swimming pools or other areas where children might congregate. The ordinance allows for single trips traveling past such spots.

Bellucci said 70 cities and five counties in California have enacted such measures, and she has used a client, _____ of San Luis Obispo, a registered sex offender, as the face of her lawsuits against such ordinances.

A previous suit against El Dorado County led to a countywide ordinance being rescinded.

The ordinances have became popular statewide in recent years in light of high-profile cases involving sex offenders.

In El Dorado County, for instance, such restrictions were put in place in the wake of the notorious case of Phillip Garrido, who abducted 11-year-old Jaycee Lee Dugard from a South Lake Tahoe street in 1991 and held her as a sex slave and hostage for 18 years.

Garrido was arrested in August 2009 and jailed in Placerville until his guilty plea in 2011 resulted in a 431 years-to-life sentence.

Cases like his and others in California resulted in a wave of new ordinances that severely restricted where registered sex offenders could go, even if they were years removed from being on parole or probation.

Bellucci said she views the matter as a “civil rights issue” that ultimately should be addressed by legislators to differentiate between people who made a mistake in their past – such as urinating in public or a young adult having consensual sex with a 17-year-old girlfriend, for example – from predators such as Garrido.

_____’s lawsuit against the South Lake Tahoe ordinance was filed March 31 and stated that he is a “law-abiding citizen in good standing within his community.” The Megan’s Law registry lists the 61-year-old plumber as having a 1979 conviction for lewd and lascivious acts with a child under 14.

_____ has written a book about his life as a registered sex offender. Bellucci said she would not discuss his past.

But _____’s lawsuit said the restrictions could stop a sex offender from visiting doctor’s offices, hospitals or even businesses they might own that are adjacent to places barred to offenders.

South Lake Tahoe City Attorney Thomas Watson said the ordinance is not currently being enforced because of the legal challenges and that the city has been in talks with Bellucci. The action by the state Supreme Court could mean the council may have to rescind the ordinance, and the topic will be addressed at the next council meeting, he said.

El Dorado County District Attorney Vern Pierson said Thursday that the Legislature has failed to address the need for balanced restrictions, something that may lead to new initiative drives.

This is more than anything else due to the Legislature’s inability to craft appropriate legislation to control the behavior and conduct of sex offenders that are out,” Pierson said.

He added that the county had crafted policies he thought were appropriate and similar to those in Orange County, allowing an offender to get written permission from the sheriff to be in certain public places around children.

I think there’s this misimpression that we want to ban sex offenders from going anywhere and doing anything,” Pierson said. “What we’re attempting to do is deal with the unusual situations where they’re predatory. If they go to an ice skating rink because they want to look at the young children, that’s who we’re trying to prevent from being in that kind of situation.”

Conversely, Pierson said, there is no intent to bar registered sex offenders from being able to drop off their own child at school.

It’s trying to balance the competing rights here in an appropriate way that safeguards the children,” Pierson said.

Any further efforts to change sex offender laws now must be made by legislators, Schroeder said, adding that her office still feels such local limits are appropriate.

We felt like, for what it’s worth, I think it’s good for sex offenders not to be around children,” she said.

Thursday, April 24, 2014

CA - Santa Maria attorney files sex offender lawsuit against Lompoc

Lawsuit
Original Article

04/23/2014

A Santa Maria attorney has filed a complaint in federal district court on behalf of a Grover Beach resident against the city of Lompoc over a sex offender ordinance the city adopted, claiming it violates both the federal and state constitutions.

Attorney Janice Bellucci, who also serves as president of the California chapter of the nonprofit organization Reform Sex Offender Laws, filed the complaint on behalf of registered sex offender _____, 61, who serves as a board member for the chapter.

In 1979, _____ was convicted of lewd and lascivious acts with a child under 14, according to the State of California Department of Justice, Megan’s Law sex offender database. He has no other subsequent felonies within the state of California, according to the database.

We filed the lawsuit because we are protecting the Constitution. That is what’s important to us,” Bellucci said.

Lompoc Mayor John Linn said the city’s ordinance, titled “Registered Sex Offender Residency Prohibitions,” was put in place in an effort to “strike a balance between letting registered sex offenders live their lives while still protecting the women and children in our community.”

According to Linn, the Lompoc Police Department and the City’s Attorney’s office worked together to devise an ordinance to best fit the city.

State law allowed us to put the ordinance in place,” Linn said.

In her complaint, Bellucci argues the ordinance bans sex offender registrants from residing in “vast parts of the city of Lompoc by virtue of 2,000-foot ‘residential exclusion zones’ surrounding the perimeter of certain locations.”

The complaint alleges that the ordinance also significantly restricts registrants’ access to public facilities and bans them from loitering near any privately owned business with the “child safety zones” around certain establishments and facilities.

Registrants are prohibited from loitering anywhere on the grounds or within 300 feet of schools, parks, day care centers, public libraries, school bus stops, playgrounds and any location that holds classes or group activities for children.

Sex offenders who violate the ordinance are subject to punishment including incarceration up to one year and a fine of up to $1,000 for each day of violation, according to Bellucci.

The Lompoc ordinance violates the First Amendment, the Fifth Amendment and the 14th Amendment to the Constitution,” she said.

In the complaint, the attorney has asked that the ordinance be declared null and void as “unconstitutionally vague” and request the Central District court allow _____ to recover all reasonable attorney’s fees, cost and litigation expenses from the city of Lompoc.

This is a civil rights issue. Our hope is that the city of Lompoc will do the right thing and repeal their ordinance,” Bellucci said.

Linn said he and the Lompoc City Council will address the merits of the complaint once they are served with the lawsuit and they have had the opportunity to review it.

Apparently, we are not alone. Other cities have been sued from what I understand,” Linn said.

Bellucci has sent out warning letters to more than 70 cities within California to let them know they could be sued if they did not repeal their ordinances. El Centro and Costa Mesa have repealed their ordinances, while cities including Anaheim, Grand Terrace and South Pasadena agreed not to enforce their ordinances at this time. Pomona, South Lake Tahoe, National City and Carson have been sued.

Wednesday, April 16, 2014

OK - Third Circuit Upholds SORNA Against Nondelegation Challenge

Lawsuit
Original Article

04/15/2014

On April 10, the Third Circuit upheld the Sex Offender Registration and Notification Act (SORNA) against an interesting nondelegation challenge - in U.S. v. Cooper. SORNA applies retroactively to sex offenders convicted before the enactment of the statute (the possible ex post facto issue was not part of this new case), and delegates to the Attorney General full discretion to create registration procedures for pre-enactment offenders). The court explains:

The statute defines “sex offender” to include individuals who were convicted of sex offenses prior to the enactment of SORNA. 42 U.S.C. § 16911(1) (defining “sex offender” as “an individual who was convicted of a sex offense”); see also Reynolds, 132 S.Ct. at 978 (noting that SORNA “defines the term ‘sex offender’ as including these pre-Act offenders”). However, SORNA does not set forth the registration procedures for pre-SORNA sex offenders. Instead, in 42 U.S.C. § 16913(d), Congress delegated to the United States Attorney General the authority to determine whether SORNA's registration requirements would apply retroactively to pre-SORNA sex offenders.

Only two Circuits (Ninth and Tenth) have not yet addressed this issue, and the Third Circuit notes that there seems to be a consensus forming on the point, rather than a split, though the Supreme Court has repeatedly denied cert in this cases:

Each of our sister circuits to have considered the issue has concluded that SORNA does not violate the nondelegation doctrine. See, e.g., United States v. Goodwin, 717 F.3d 511, 516–17 (7th Cir.2013), cert. denied, ––– U.S. ––––, 134 S.Ct. 334, 187 L.Ed.2d 234 (2013); United States v. Kuehl, 706 F.3d 917, 919–20 (8th Cir.2013); United States v. Parks, 698 F.3d 1, 7–8 (1st Cir.2012), cert. denied, ––– U.S. ––––, 133 S.Ct. 2021, 185 L.Ed.2d 889 (2013); United States v. Rogers, 468 F. App'x 359, 362 (4th Cir.2012) (not precedential), cert. denied, ––– U.S. ––––, 133 S.Ct. 157, 184 L.Ed.2d 78 (2012); United States v. Felts, 674 F.3d 599, 606 (6th Cir.2012); United States v. Guzman, 591 F.3d 83, 92–93 (2d Cir.2010), cert. denied, 130 S.Ct. 3487 (2010); United States v. Whaley, 577 F.3d 254, 263–64 (5th Cir.2009); United States v. Ambert, 561 F.3d 1202, 1213–14 (11th Cir.2009).

Tuesday, April 15, 2014

MO - Springfield 'sex offender house' gets 2-month reprieve

Lawsuit
Original Article

04/14/2014

By Jess Rollins

Thirty days ago, the City of Springfield gave residents of 1809 E. Crestview St. exactly 30 days to clear out.

Today, the residents of the home — some sex offenders, some parolees, some drug addicts — are staying put.

An appeal filed today by Recovery Chapel, which operates the so-called group home, has delayed action against the house for at least two more months.

Last month city staffers investigated the halfway house at the urging of neighbors. Many seemed most concerned about the number of residents who appeared on the Greene County sex offender registry.

At the time, there were five. Today, there are two.

During city staffers' investigation of the home, they determined the home did not meet the zoning requirements of a group home.

The director of building development services wrote that the house acts more as a "community corrections facility" than a group home because of the high number of residents on probation and parole.
- Maybe the city needs to open a dictionary and read what a Halfway House is?

The city gave the residents 30 days to move or disband.

But today, a St. Louis-based attorney filed a formal appeal with the city on behalf of Recovery Chapel.

That means enforcement of the 30-day notice will be delayed until the case is heard by the city's Board of Adjustment, a five-member board made of members nominated by the City Manager and appointed by City Council.

The appeal is scheduled to go before the board June 3.

Chaplain Farris Robertson, who has fought the city's action against the Crestview house, confirmed the home continues to operate as usual.

See Also:

CA - Do Ex-Sex Offenders Have Civil Rights?

Statue of Liberty weeping
Original Article

04/14/2014

By Dennis Romero

They are the most loathed convicts on the planet. Even other criminals hate them. Cities in recent years have targeted them with laws that limit where and when they can be certain places, particularly on Halloween, when children are out.

But ex-sex offenders do have rights. At least that's the contention of a group called California Reform Sex Offender Laws.

It's at it again, taking the SoCal city of Carson to federal court.

The group says rules adopted by Carson in 2008 violate the constitutional rights of convicts who have paid their debts to society by serving sentences.

The organization has been suing municipalities (Carson is fourth city to sued in four weeks) that it says violate the rights of sex offenders.

Carson's law, like that of other towns, prohibits such convicts of coming within 300 feet of schools, parks, libraries, swimming pools, and bus stops.

California Reform Sex Offender Laws states:

The Carson ordinance is based upon two myths: (1) that registered citizens have a high rate of re-offense and (2) that strangers commit sexual assaults. The true rates of re-offense, according to state and federal government reports, are 1.9 percent for registrants on parole and 5.3 percent for registrants overall. More than 90 percent of sexual assaults upon children are committed not by strangers but by family members, teachers, coaches and clergy.

The group won similar cases at the California Court of Appeals level and has warned 70 cities in the state that their local ordinances limiting the movement of sex offenders are illegal under the precedents sent by the appeals panels.

Group attorney Chance Oberstein:

The presence restrictions within the Carson ordinance are inconsistent with recent decisions of the California Court of Appeals which invalidated two ordinances - one by the City of Irvine and the other by the County of Orange - as being preempted by existing state law.

Some cities reversed their laws and others agreed to put them on hold, the organization says, but Carson, after negotiations with California Reform Sex Offender Laws, stuck to its guns. The group's president, Janice Bellucci, says:

Future legal challenges by sex offenders can be expected of cities that have failed to either repeal their sex offender ordinances or agree in writing to stay enforcement of those ordinances.

Saturday, April 12, 2014

CA - City of Carson sex offender ordinance challenged in federal court

Lawsuit
Original Article

04/11/2014

A sex offender ordinance adopted by Carson, a city located within Los Angeles County, is the subject of a lawsuit filed today in Federal district court. This is the fourth lawsuit to be filed in four weeks challenging a city’s sex offender ordinance that includes restrictions regarding where more than 105,000 individuals can be present.

Specifically, the Carson ordinance prohibits registered citizens from being present in or within 300 feet of a wide range of locations including schools, parks, library, swimming pools, and bus stops. A registered citizen who violates the ordinance is subject to incarceration for a period up to one year and a fine of up to $1,000 for each day of violation.

The lawsuit filed against the City of Carson is the unfortunate result of two failed attempts to reach a settlement agreement,” stated CA RSOL President Janice Bellucci. “The City offered to stay enforcement of the presence restrictions in the ordinance, however, that offer was made available to some, not all, registered citizens. The lawsuit was filed in order to protect the state and federal constitutions by restoring the civil rights of all registered citizens.”

The sex offender ordinance was adopted by Carson in 2008 and is in violation of both the federal and state constitutions. The provisions of the ordinance directly affect all registered citizens in the state of California as well as indirectly affect an additional 400,000 individuals who are family members.

The Carson ordinance is based upon two myths: (1) that registered citizens have a high rate of re-offense and (2) that strangers commit sexual assaults. The true rates of re-offense*, according to state and federal government reports, are 1.9 percent for registrants on parole and 5.3 percent for registrants overall. More than 90 percent of sexual assaults upon children are committed not by strangers but by family members, teachers, coaches and clergy.**
- More studies can be found here and in our archives.

The presence restrictions within the Carson ordinance are inconsistent with recent decisions of the California Court of Appeals which invalidated two ordinances – one by the City of Irvine and the other by the County of Orange – as being preempted by existing state law,” stated CA RSOL board member and attorney Chance Oberstein. “The court held that the state statutory scheme imposing restrictions on a sex offender’s daily life fully occupied the field.”***

California RSOL sent a letter to Carson and more than 70 additional cities within California on January 20 notifying them of the recent Court of Appeal decisions and that the sex offender ordinances the cities had adopted were inconsistent with those decisions. California RSOL requested in those letters that the cities repeal their ordinances within 60 days or face a potential legal challenge.

Subsequent to issuance of the California RSOL letter, the cities of Costa Mesa and El Centro repealed their sex offender ordinances. Several additional cities, including Anaheim, Grand Terrace, and South Pasadena have agreed in writing not enforce their sex offender ordinances pending a decision from the California Supreme Court whether to grant review of the California Court of Appeal decisions.

Future legal challenges by sex offenders can be expected of cities that have failed to either repeal their sex offender ordinances or agree in writing to stay enforcement of those ordinances,” stated Bellucci.

The first in a series of legal challenges to city ordinances was filed on March 24 against the City of Pomona; the second on March 31 against the City of South Lake Tahoe; and the third on April 8 against National City. All lawsuits have been filed in Federal district courts.


  1. (*) See 2013 Outcome Evaluation Report, California Department of Corrections and Rehabilitation dated January 2014 at page 26 and Recidivism of Sex Offenders Released from Prison in 1994, U.S. Department of Justice dated November 2003 at page 24.
  2. (**) See Homelessness Among California’s Registered Sex Offenders, California Sex Offender Management Board dated September 2011 at page 10.
  3. (***) See People v. Nguyen, 222 Cal. App. 4th 1168 (Cal. App. 4th Dist. 2014) and People v. Godinez, Case No. G047657, Cal. Court of Appeals, January 10, 2014 (unpublished)].

Friday, April 11, 2014

CA - Sex offender wants parks proximity (Poll)

National City's Butterfly Park
National City's Butterfly Park
Original Article

There is also a poll available so please click the link above and take it.

04/10/2014

By Ashly McGlone

Grover Beach resident asserts rights for National City visit

A registered sex offender in San Luis Obispo County is suing cities across the state, claiming he has every right to go near schools and parks — and National City has become his latest target.

_____, 61, of Grover Beach, was convicted in 1979 of lewd and lascivious acts with a child under 14. His attorney, Janice Bellucci, says he has relatives in National City and wants to visit.

She sued the city in federal court last week over its ban on sex offenders being within 300 feet of a school, day care center, arcade, playground, park or amusement center.

Bellucci, president of the California chapter of the nonprofit Reform Sex Offender Laws, has warned more than 70 California cities, including Santee and La Mesa, that they could be sued if they don’t repeal their ordinances.

In response to her warnings, Costa Mesa and El Centro repealed their prohibitions, while Anaheim, Grand Terrace and South Pasadena have agreed to not enforce their rules for now, she said. Earlier this year, Bellucci sued Pomona and South Lake Tahoe as part of the same effort. She argues that the cities have passed sex offender regulations that go beyond what state law allows.

The National City Council passed the restrictions in 2005, and violators are subject to misdemeanor charges punishable by up to a year in jail or up to a $1,000 fine each day of the violation, or both.

In her lawsuit, Bellucci has asked the U.S. District Court to declare National City’s rules void — and to have the city pay her attorney’s fees, costs and expenses.

In two decisions on Jan. 10 involving other lawyers and clients, the 4th District Court of Appeal struck down rules enacted by Irvine and Orange County requiring sex offenders to obtain permission from local government officials before entering a city or county park.

The state intended to fully occupy the field of regulating registered sex offenders,” therefore the added rules conflict with state law and are void, the three-judge panel wrote in both decisions.

The Orange County District Attorney’s Office is seeking California Supreme Court review of the rulings.

National City Mayor Ron Morrison said city police were told to not enforce the city’s “innovative” ordinance after the Orange County decisions came down, but it would be premature to repeal the law before finding out if the Supreme Court will review the case.

The state regulates whether sex offenders can live near a park or school — or enter one. National City’s law goes further by creating a buffer zone and saying sex offenders cannot even go near such places.

Under California law, sex offenders could “wake up in the morning and walk a quarter of a mile and hang on the chain link fence at a nursery school,” Morrison said. “People expect us to do whatever we can to protect children...This was another tool in the tool box.”

In 2011, San Diego lost a legal challenge to its 2008 Child Protection Act on the same grounds, and removed its 300-foot buffer that was modeled after National City’s ordinance.

The lawsuit filed last week says that National City’s ordinance is overbroad and ends up blocking access to public transit locations and private businesses like grocery stores, restaurants, bars, nightclubs, doctor’s offices or hospitals, even where a sex offender would have “a legitimate purpose to visit, be employed and/or conduct commerce.”

The ordinance imposes numerous life-long restrictions within the boundaries of National City which significantly restrain the civil liberties of all persons required to register as a sex offender,” the lawsuit states.

Morrison, in his eighth year as mayor and 22nd year on the council, said, “If you are a registered predatory sex offender on children, I am sorry you don’t get all your rights. You don’t get unlimited rights.”

Jessica’s Law — passed by California voters in 2006 — prohibits sex offenders from residing within 2,000 feet of any school or park and requires lifetime satellite monitoring of felony registered sex offenders. It also made it a misdemeanor for a registered sex offender to enter any school building or school grounds without lawful business and written permission from the school’s chief administrator.

Chelsea’s Law passed by state legislators in 2010 prohibited sex offenders who serve jail time for offenses against children under 14 from entering parks without permission from their parole agent. Sex offenders must also follow a number of other rules outlined in the state’s Penal Code.

There are at least 68 registered sex offenders living in National City, according to the Megan’s Law online database.

Wednesday, April 9, 2014

FTC Sues ‘Jerk.com’ Over Alleged Consumer Deception

John Fanning
John Fanning
Original Article

04/07/2014

By Jenna Greene

The operators of the website Jerk.com were sued by the Federal Trade Commission today for harvesting personal information from Facebook to designate more than 73 million people jerks or nonjerks, then falsely claiming that consumers could revise their online profiles by paying $30.

The site seemed to have it in for lawyers—the current top headline on Jerk.com is “Pillsbury Law Firm FIRED for Wrong Advice,” followed by “Attorney a Jerk” and “Sheppard Mullin Richter Hampton a Jerk for Bad Advice.” The site provides no further details of the jerk allegations. (A spokesmen from Pillsbury Winthrop Shaw Pittman declined comment and a Sheppard Mullin spokesman did not respond to a request for comment.)

According to the FTC’s administrative complaint, Hingham, Mass.-based Jerk.com and manager John Fanning from 2009 to 2013 operated the social-networking site where users could create profiles of other people using the “Post a Jerk” feature.

Although Jerk, LLC, claims that its website contained only user-generated content, respondents actually created or caused to be created the vast majority of Jerk profiles using information from Facebook,” according to the FTC complaint. “Respondents earned revenue by selling ‘memberships’ for $30, by charging consumers a $25 customer service fee to contact the website and by placing third-party advertisements on Jerk.”

The site featured user profiles with buttons underneath, where people could vote on whether the person was a jerk or nonjerk. The profiles also contained comment fields, where people wrote things like “Omg I hate this kid he’s such a loser.”

According to the FTC, an estimated 24.5 to 33.5 million profiles contained a large photo of the person, and about 2.7 to 6.8 million Jerk profiles contained a photo of a child who appeared to be under age 10.

In a March 2013 petition to quash the FTC’s civil investigative demand, Jerk.com attorney Maria Crimi Speth, a partner at Jaburg Wilk, in Phoenix, wrote that children under 14 are prohibited from using the site, and that if a child’s profile is brought to the company’s attention, it is removed.

In the petition, Speth said that “in 2012, Jerk.com only had 22 people subscribe to its service and its total revenue was approximately $3,000.” In the same petition, she also said that the site has almost 100,000 visitors per day.

The content in profiles often displays information that is publicly available in a Google Internet search as well as newly created user-generated content,” she wrote. She did not respond to a request for comment.

The FTC disputed that the information in the profiles was public. “Numerous consumers have complained that photographs and other information about them on Jerk were originally posted on Facebook using controls that enabled users to designate material for dissemination only to a limited group, and that the information was not designated for public viewing,” the complaint states.


See Also:

Tuesday, April 1, 2014

MA - Retroactive Application of Sex Offender Law Rejected

Unconstitutional
Original Article

04/01/2014

By Amaris Elliott-Engel

The Massachusetts Supreme Judicial Court has declared unconstitutional the retroactive application of the state's amended sex offender registration law. The ruling came in a proposed class action brought by all level-two sex offenders in Massachusetts (Moe v. Sex Offender Registry Board).

State law was amended July 12, 2013, to require the Massachusetts Sex Offender Registry Board to publish in its registry information about defendants given a level-two or level-three classification. Previously, the board was barred from publishing on-line information about level-two offenders—those deemed at moderate risk of reoffending. While legislators intended the change to the registration regime to apply retroactively, the state’s court of last resort said that would violate due process under the Massachusetts Declaration of Rights.
- And if it's unconstitutional for Level 2 & 3, so is it for Level 1's as well.

The practical consequence of the recent amendments is that offenders whose degree of dangerousness, according to SORB, was not so substantial that Internet publication of their information was needed to protect the public safety would now be subject to Internet publication of their registry information,” the court said.

And further, those offenders who did not challenge their level-two classification … because they specifically relied on their accurate understanding that a level-two classification did not carry the consequence of Internet publication of their registry information, would now be subject to exactly that.”

The court remanded the case for an entry of an order certifying the class and permanently enjoining the board from publishing information about any offender finally classified as a level-two sex offender on or before July 12, 2013.

Of the 11,171 sex offenders registered with SORB as of July 12, 2013, registry information is currently available on the Internet only for the 2,422 level-three offenders, a group that comprises approximately 21.7 per cent of registered sex offenders,” the court said. “Were the recent amendments to become effective, the number of offenders whose registry information is publicly available would rise to 8,496, approximately 76.1 per cent of the sex offenders registered with SORB.”