FL - PUBLIC ANNOUNCEMENT: THE RALLY IN TALLY

Advocates of sex offender registry reform will gather in a peaceful protest at the Florida State House in Tallahassee FL on April 22, 2015 during the annual Lauren Book's 'Walk In My Shoes' event. The Rally in Tally is a joint collaboration among civil rights activists; we seek to raise awareness of the sex offender law reform movement, provide educational material, and garner attention to our plights at a high-profile event that brings politicians, celebrity advocates, and the news media together.

The intent of the Rally in Tally is not to attack, dispute, or criticize the efforts of Lauren's Kids as it relates to raising awareness and the prevention of sexual abuse in America. However, we are taking a stand against the policies of the Lauren's Kids foundation in its efforts to promote and lobby for Florida's "scorched Earth" policies. Lauren Book and her powerful lobbyist father, Ron Book, have pushed a number of harmful policies under the Lauren's Kids banner, including tough residency restrictions that forced registered citizens in Miami-Dade County to sleep under bridges, in abandoned parking lots, and even along train tracks and warehouses. In the past year Lauren's Kids supported a law marking the state-issued ID cards of some registrants with a scarlet letter, creating "pocket parks" to expand exclusion zones against registrants, and is currently supporting a lifetime GPS bill for all registered persons. In addition, Lauren Book has referred to all registered citizens as "monsters," "incurable," a "clear and imminent danger," and "ticking time bombs."

We cannot make the Rally in Tally a success without you, our fellow activists. We need people willing to travel to Tallahassee to present the Book family, Florida Legislature and ill-informed public with a visual representation of the unconsidered consequences of hastily-devised legislation. Registered citizens, civil rights activist and registrant families are strongly encouraged to attend. Our hope is that anyone reading this will realize each person is needed at this rally to stand publicly for our rights. If you cannot attend the event, then we encourage you to support the rally movement by making a donation to assist in paying for supplies or sponsor someone who otherwise would not be able to participate.

Please send us an email at contact@womenagainstregistry.com for more information and to receive periodic updates about this exciting event!


Vicki Henry
Women Against Registry, President
202.630-0345
Fighting the Destruction of Families
Facebook: Women Against Registry
Follow us on Twitter: @WomenAgainstReg

CA - Peaceful Protest to be held in the City of Carson on March 7

Original Article

02/17/2015

California RSOL will lead a peaceful protest in the City of Carson on Saturday, March 7, in order to highlight the harm done by the city’s sex offender ordinance. That ordinance bans registered citizens from being present in or within 300 feet of public places including the library, parks and swimming pools as well as private places including fast food restaurants that have a children’s playground.

The peaceful protest will begin at Carson City Hall at 10 a.m. near the water fountain. Registered citizens, family members, and all who support them are invited to join the event. Refreshments will be served.

“This is a unique opportunity for registered citizens and those who support them to show up, stand up and speak up,” stated California RSOL vice president Chance Oberstein.

The event will include a march to John D. Calas Sr. Park near the intersection of 223rd and Cluff Streets. The current city law prohibits registered citizens from visiting this park, however, family members and supporters are welcome there. Registered citizens will be served lunch at a distance outside the 300-foot limit.

See Also:

• Monthly Meeting April 11, Lobbying April 10/11 in Sacramento

FL - Port St. Lucie mom arrested after allowing her 7-year-old son to go to a nearby park alone

Original Article

Parents, remember this the next time you let your child out of the house alone.

You could be treated like a criminal for it!

This is what we get when we continue to let the idiots in congress trample on others rights! We get a police state where Big Brother is the kids parents, not you!

07/31/2014

By Elizabeth Harrington

PORT ST. LUCIE - UPDATE: DCF says that the investigation is "very much open" and they are not planning on dropping the case as of right now.

A mother faces a charge of child neglect after she allowed her son to go to a local park alone. She says he's old enough but Port St. Lucie Police disagree. Now she's fighting back.

"I'm totally dumbfounded by this whole situation," said the mother, Nicole Gainey.

It began last Saturday afternoon when Gainey gave her son Dominic permission to walk from their house to Sportsman's Park .

"Honestly didn't think I was doing anything wrong," says Gainey, "I was letting him go play."

It's a half mile from their Port St. Lucie home. Dominic says it only takes him about 10 to 15 minutes to get there. During the walk, the 7-year-old passed a public pool. Someone there asked him where his mom was.

"They asked me a couple questions and I got scared so I ran off to the park and they called the cops," says Dominic Guerrisi.

Dominic was playing at the park when an officer pulled up.

"They said 'where does your mom live,' " says Dominic.

Police took him home. That's when his mom was arrested and charged with child neglect. Gainey says she was shocked.

"My own bondsman said my parents would have been in jail every day," says Gainey who paid nearly $4,000 to bond out.

The officer wrote in the report that Dominic was unsupervised at the park and that "numerous sex offenders reside in the vicinity."

"He just basically kept going over that there's pedophiles and this and that and basically the park wasn't safe and he shouldn't be there alone," says Gainey.

She believes Dominic is mature enough to go to the park alone during the day. Gainey adds her son always has a cell phone which she calls to check on him.

"That I'm here and safe," says Dominic.

Gainey plans to fight the felony charge. But after this she won't let Dominic go to the park alone. She's afraid she'll be arrested again.

The St. Lucie County State's Attorney's office says there is no law that specifies how old a child has to be before he or she can go somewhere unsupervised. It's done on a case-by-case basis.

See Also:

• Florida mom arrested for letting son, 7, walk to park by himself

Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders

Original Article (PDF)

03/2014

By Erin Miller

Draconian restrictions on the activities and privacy of convicted sex offenders are a new, and troublesome, trend. In 1994 and 2006, following a national dialogue about crimes against children sparked by several high-profile incidents, Congress passed two laws requiring states to register and regulate sex offenders residing within their borders. States and municipalities soon caught on, and deepened restrictions. In the last five years alone, local governments have forbidden sex offenders to live within 2,000 feet of schools; “be” within 500 feet of parks or movie theaters; enter public libraries; drive buses or taxis; photograph or film minors; and use social networking websites like Facebook. Others have required sex offenders to advertise their status on driver’s licenses or social networking profiles; wear GPS bracelets at their own expense; notify local police when present in any county within the state for longer than ten days; provide notice to all new neighbors within a roughly quarter-mile radius when they move; and pay up to $100 annually to maintain sex offender registries. These burdens typically last for a decade or for life, depending on the jurisdiction and the type of crime committed.

Read the entire story here

FL - Palm Beach County Commissioners To Vote On Sex Offender Ordinance

Original Article

07/22/2014

By Thomas Forester

PALM BEACH COUNTY - There are close to one thousand sex offenders living in Palm Beach County alone.

A major vote Tuesday, could allow registered sex offenders to live closer to schools and parks. Later tonight, Palm Beach County Commissioners will debate the heated issue.

According to State law, sexual offenders and predators cannot live within one thousand feet from specified locations where children gather.

In Palm Beach County, the law is 2500 feet, but the county wants to change it to be the same as the state.

CA - Tehachapi removes local sex offender ordinance from the books

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?

MA - Templeton approves sex offender residency restrictions

Original Article

07/11/2014

By George Barnes

TEMPLETON - Voters at a special town meeting Thursday night approved a bylaw establishing sex offender residency restrictions.

The restrictions, proposed by resident Rachael Messina, were overwhelmingly approved after Police Chief Michael Bennett and Selectman Kenn Robinson both spoke in favor of the bylaw.

Chief Bennett said there are many communities across the state that have adopted residency restrictions for sex offenders. Among the communities in Worcester County with restrictions are Leominster, Bolton, Charlton, Dudley, Spencer, Webster and West Boylston.

Templeton has three Level 3 and 13 Level 2 sex offenders in town. The regulations would not affect them unless they change their residence.

The bylaw prohibits a Level 2 or 3 sex offender from establishing a permanent or temporary residence within 1,000 feet of property of public or private schools, parks, elderly housing, an over-55 community, senior citizens center or licensed day care center.

To enforce the bylaw, police may file criminal or noncriminal complaints, but in both cases the fine is $300 for each offense.

Ms. Messina said she filed for the bylaw out of concern that sex offenders posed a risk to residents of the town. It is the second time the town has approved a sex offender residency bylaw. A similar law was approved by the town in May 2013 but disallowed by the state Attorney General's office in October. The reasons given for rejecting the bylaw were it was too vague, did not sufficiently specify prohibited conduct and did not include some terms in the definitions section of the bylaw.

Ms Messina said that in the hope of winning approval this time, she drew up a new bylaw based on similar documents in other communities.

CA - Do Residency Bans Drive Sex Offenders Underground?

Original Article

07/07/2014

By Steven Yoder

Early last year, Los Angeles set aside a sliver of land in its Harbor Gateway neighborhood for the city’s newest and smallest park: two jungle gyms on a fifth of an acre.

The project was more than just an effort to increase the city’s green space. City Council members made clear that one of the park’s principal reasons for existence was to force 33 people on the California sex offender registry who were living in a nearby apartment building to move out. State law bars those on its registry from living within 2,000 feet of a park or school.

“We came together, working with the police department, to problem-solve, to send a message that Harbor Gateway cannot be dumped upon with a high number of registered sex offenders,” councilman Joe Buscaino said (Video) at the park’s opening.
- Just imaging how much money would be wasted if all grandstanding politician were to put pocket parks all over the state just so they can "look tough" on ex-sex offenders?  That is all this is, grandstanding!

But the state ban itself already clusters registrants into a limited number of areas, according to a September 2011 report by the California Sex Offender Management Board, which was created by the state legislature to advise it on sex offender policies.

California hasn’t been alone in its tough approach to ensuring that formerly incarcerated sex offenders pose no danger after they are released. As part of a wave of new sex offender laws starting in the mid-1990s, about 30 states and thousands of cities and towns passed such residency restrictions—prompting in turn a pushback from civil liberties advocates, state legislators and registrants themselves who argued the restrictions were not only unduly harsh but counterproductive.

But a court decision in Colorado last year could mark a shift in momentum.

In the Colorado case, _____, a high school soccer coach convicted in 2001 for a consensual sexual relationship with a 17-year-old student, was sentenced to seven years’ probation and put on the state sex offender registry.

Eleven years later, in 2012, he and his wife bought a house in the city of Englewood. But the police department told him he couldn’t live there because of a city ordinance prohibiting sex offenders from living within 2,000 feet of schools, parks and playgrounds—a law that effectively made 99 percent of its homes and rentals off limits to offenders.

Englewood police also warned offenders that even in the open one percent, if they contacted a homeowner whose property wasn’t for rent or for sale, they could be charged with trespassing.

_____ sued, and last August a federal court concluded that the city’s ban went too far.

The judge ruled that it conflicted with the state’s existing system for managing and reintegrating sex offenders and could encourage other towns and cities to do the same, effectively barring offenders from the entire state. Englewood has appealed, but two of the state’s five other cities that have residence bans have softened their restrictions since the decision.

The other three are awaiting the outcome of the appeal, according to John Krieger of the American Civil Liberties Union (ACLU) of Colorado, which represented Ryals.

Read the rest of the article

CA - Sex-offender ordinance to be repealed

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.

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

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 _____.

AL - Law banning sex offender camp might violate Alabama's constitution

Original Article

07/03/2014

By JAY REEVES

CLANTON - A new law used to shut down a church-affiliated camp for convicted sex offenders in rural Alabama violates a state constitutional amendment designed to protect religious liberty, the American Civil Liberties Union said Thursday.

Randall Marshall, legal director of the ACLU's Alabama office, said the law that went into effect this week is in apparent conflict with the Alabama Religious Freedom Amendment, passed in 1998 to make it tougher for government to infringe on religious rights.

Pastor Ricky Martin says he built a church in rural Chilton County and allowed convicted sex offenders to move to the property because the men had nowhere else to live. He said he was trying to follow biblical instructions to help the outcast.

The camp, which began accepting former inmates in 2010, closed when the new law took effect Tuesday.

Marshall said the amendment "raises serious questions" about the law, which was passed this year and affects Chilton County only. The amendment says laws can restrict religion narrowly only if there is a "compelling governmental interest."

Martin "has sincerely held religious beliefs that he's acting upon, and now you've got government prohibiting him from doing something that he considers part of his religion," Marshall said.

The sponsor of the bill, state Rep. Kurt Wallace, said the law is meant to protect the public from people convicted of rape, child molestation and other crimes.

Most of the more than 50 men who've lived in the camp through the years are from other counties and states, officials said.

"No religion is being disenfranchised," Wallace said. "He can practice any religion he wants, but he can't recruit sex offenders to our community. That's just crazy."

Martin hasn't sued to block the law, but he said he might. Some of the half-dozen men who were living in old campers behind his Triumph Church are now homeless, he said.

"I don't know what they're doing, just walking around trying to find a place to sleep," he said.

The law, which Wallace said was drafted with Martin's refuge in mind, prohibits two convicted sex offenders from living within 300 feet of each other on the same property in Chilton County unless they are married. It includes a provision to allow a state-approved counseling center or halfway house if one opened, Wallace said.

Martin, who serves as a volunteer prison chaplain, said the camp was needed because inmates serving time for sex-related offenses have a hard time finding suitable residences after release.

Like other states, Alabama restricts the areas where sex offenders are required to live, barring anyone convicted of certain crimes to reside within 2,000 feet of a school or day care. Laws are even stricter about where offenders can work or hang out, restricting them from being within 500 feet of parks, athletic fields or businesses where kids gather.

Inmates serving time for sex crimes must tell authorities where they plan to live following their release, and prisons or county jails must continue holding anyone who can't prove they have a legal place to live.

See Also:

• New law forces Chilton. Co. sex offenders to leave pastor’s backyard

CA - Santa Fe Springs City Council repeals sex offender restrictions

Original Article

06/14/2014

By Mike Sprague

SANTA FE SPRINGS - The City Council Thursday voted 5-0 to repeal a 2010 law that doesn't allow registered sex offenders to come within 300 feet of day-care centers, libraries, schools and parks.

City Manager Thaddeus McCormack said the council didn’t have a choice after a state appellate court in January ruled that state law preempted a city of Irvine law prohibiting registered sex offenders from entering city parks without written permission from its police chief.

The state Supreme Court later declined to review the case.

In his opinion striking down the Irvine law, Justice Richard Aronson wrote, ”We conclude the state statutory scheme imposing restrictions on a sex offender’s daily life fully occupies the field and therefore preempts the city’s efforts to restrict sex offenders from visiting city parks and recreational facilities.”

Santa Fe Springs hasn't enforced its law for about a year while awaiting a decision from the court, McCormack said.

The city still has Jessica’s Law (Proposition 83), which was approved by California voters. The law bans registered sex offenders from living within 2,000 feet of any public or private school or park, McCormack said.

“It’s a bit regretful that we can’t add our own restrictions,” McCormack said.

“(But) “I think the health and safety of residents of Santa Fe Springs are still going to be maintained and protected,” he said. “It’s an area where the state had weighed in and we defer to the state.”

McCormack said the city was threatened with a lawsuit from California Reform Sex Offender Laws if it didn’t repeal its law.

Janice Bellucci, president of the group, praised the city for its action.

“We are very encouraged and commend the city for repealing the ordinance that violates both the state and federal constitutions,” Bellucci said.

Bellucci said ordinances like Irvine’s and Santa Fe Springs are unfair and don’t make people safer.

The laws restricting where sex offenders can go also give families a false sense of security, Bellucci said.

“Less than 2 percent (of registered sex offenders) will commit another sex crime, according to the California Department of Corrections and Rehabilitation,” she said. “(Sex) offenders are more likely to be a family member, a coach or a member of the clergy.”

Whittier Police Chief Jeff Piper, whose city provides police services for Santa Fe Springs, said he understands the rationale for repealing the law and doesn't expect any problems because of the presence of Jessica’s Law.

He also couldn't remember anybody in past years being charged with a violation of the Santa Fe Springs law.

WI - Proposed sex offender ordinance up for debate in Milwaukee

Original Article

06/11/2014

By Michele McCormack

MILWAUKEE - On the eve of a committee hearing about a new sex offender ordinance Alderman Terry Witkowski is taking issue with his fellow council member, Tony Zielinski's, proposal.

"This plan is not a very balanced plan to say the least," Witkowski told CBS 58 investigative reporter Sarah Barwacz.

While Alderman Witkowski says it's important to regulate where sex offender live and hang out, under Zielinski's proposal nearly half of the city's available housing units for convicted sex offender's would be in Witkowski's 13th Aldermanic District.

A CBS 58 News Bottom Line Investigation in May exposed the lack of restriction on where offenders stay.

Reporter Sarah Barwacz broke the story just weeks later about Zielinski, who represents the 14th district, proposing a two thousand feet buffer zone from schools and parks.

When Sarah questioned Witkowski about his district having fewer schools, the council member said that doesn't mean there aren't children around.

"I think you have to look at what's the perception from neighbors here," Witkowski explained. "Are you saying there's less children just because the school isn't within walking distance or two thousand feet? I can guarantee you I got a call from a person indicating that they've got a sexual predator living next door who watches his daughter get off the school bus."
- Imagine if we made and passed all laws based on PERCEPTION!

The Common Council’s Steering and Rules Committee meets Thursday, June 12th in room 301-B at City Hall at 1:30 p.m.

See Also:

• Ordinance restricting sex offenders living in Milwaukee poised for vote

CA - Wasco sued over sex offender ordinance

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.

TX - Mart May Pass First-Ever Sex Offender Ordinance

Original Article (Video available)

05/11/2014

By Matt Howerton

City Council members in Mart will be voting on a new sex offender ordinance Monday night. The town has never adopted a sex offender ordinance before and if passed, this would be the city’s first ever.

The proposed law comes on the heels of a sex offender registration in town. In April residents’ living near the city’s elementary and high schools were notified via postcard that a registered sex offender was residing in the area.

Since Mart currently has no sex offender ordinance whatsoever, the offender only has to comply with state law, which states that a sex offender can’t live within 500 feet of places where children commonly gather only if he or she is on parole or probation.

Offenders can live wherever they want if they aren’t on parole or probation and there is no city ordinance in place.

Since April, council members have been under the gun to adopt a sex offender ordinance.

“I was bombarded with emails and phone calls and that's what made me realize we needed to do something about this pretty quickly," Mart Mayor Pro-tem Henry Witt said.

“I was just as appalled as some of the other members of the city council.”

Witt and other city council members have since drafted a sex offender ordinance for Mart that states registered sex offenders with violations against children 16 and under cannot live within 1000 feet of where children commonly gather.

If passed however, current sex offenders living near child safety zones like schools or parks would be grandfathered into the ordinance and wouldn’t be forced to relocate.

But new offenders coming into the city could be fined each day they live in a prohibited child safety zone.

Mart’s city council meeting starts at 6:30 pm Monday night.

ME - South Portland may curb where sex offenders can live

Original Article

05/08/2014

By Kate Irish Collins

SOUTH PORTLAND - South Portland Police Chief Ed Googins said he never wants to ask the question of whether his department could have done more to protect the city’s children. That’s why he is pushing for a new ordinance that would limit where a certain class of sex offender could live within city limits.

At its meeting on Monday, the City Council gave unanimous initial approval to the new residency rules, which would prohibit sex offenders convicted of “serious crimes” – defined as a class A, B or C felony against children under 14 – from living within 750 feet of a school, park, athletic field or recreational facility.

The Greenbelt Walkway, which runs the length of the city, however, would be specially exempted. A public hearing and second reading on the ordinance will be held at 7 p.m. on May 19.

In introducing the sex offender residency restrictions, Googins called them “reasonable and balanced” and said the goal of the new rules is to protect children.

He said South Portland has 26 registered sex offenders who live, work or attend school in the city. Of that group, 10 offenders reside in the city and six are now living in areas that would fall within the proposed sex offender restriction zones.

Googins said any sex offender who has had a prior continuous residence within the areas designated as off limits would be grandfathered if the new rules take effect.

In a memo sent to City Manager Jim Gailey outlining the new residency restrictions, Googins said, “There are significant residential areas of the city, which would not be affected and therefore (this ordinance) balances the interests and needs of sex offenders by allowing ample housing.”

In the memo Googins also said, “I fully understand the impact such an ordinance has, and I strongly believe that these further protective measures (are) necessary to safeguard places where children congregate and (are) a positive step toward improving the safety of our youngest and most vulnerable citizens.”

Once the new rules are in place, a sex offender violating the residency restrictions could face fines of up to $500 a day.

In his comments Monday, Gailey told the City Council that the Maine Legislature passed a bill in 2009 specifically allowing municipalities to put residency restrictions on a certain class of sex offender. Creating and implementing such an ordinance for South Portland, he said, is a top priority of the police department.

Specifically, the new ordinance would prohibit a sex offender from living within “a distance of 750 feet surrounding the real property comprising a public or private elementary, middle or secondary school or up to a maximum distance of 750 feet surrounding the real property comprising a municipally owned or state-owned property that is leased to a nonprofit organization for purposes of a park, athletic field or recreational facility that is open to the public where children are the primary users.”

In the findings and purposes section of the new ordinance it states: “The city promotes and strives to create a safe environment for its citizens to live and raise families and considers the promotion of the safety and welfare of children to be of paramount importance. The city recognizes that sex offenders who prey upon children may have a high rate of recidivism (Studies don't show this)  … (and) the city finds that further protective measures are necessary and warranted to safeguard places where children congregate.”

No one spoke against the new residency restrictions during Monday’s meeting, although Councilor Tom Blake did ask Gailey if the city had heard anything from the American Civil Liberties Union of Maine in opposition to the ordinance. Gailey said that as of Monday his office had received no communication from the civil liberties union in regard to the sex offender residency restrictions being proposed.

Prior to the council’s initial vote on the new ordinance, Councilor Melissa Linscott said she’s pleased to see the restrictions come forward and said they were important to have in place.

Mayor Gerard Jalbert agreed and said, “We need tools in place to keep children safe.”

Council favors zoning proposals

In other action Monday, the City Council gave initial approval to a controversial new commercial zone in the Thornton Heights neighborhood, which could pave the way for a new Dunkin’ Donuts store to go up on what is now an undeveloped, city-owned lot at the corner of Main and Westbrook streets.

The vote on the Thornton Heights Commercial zone was 5-2, with councilors Blake and Patti Smith opposed.

The vote followed another lengthy public comment period, during which most of the speakers urged the council not to move the new zone forward.

And, similar to the workshop held on the new Thornton Heights zone last week, members of the Congregation Bet Ha’am synagogue on Westbrook Street were outspoken about the plan.

However, before the vote on first reading, Jalbert said the council is still keeping an open mind about how to best use the city-owned lot, which is adjacent to the synagogue. And he said within the next two weeks there is still time to come up with a compromise solution.

Following the 5-2 vote on the new Thornton Heights zone, the council unanimously approved new zoning for the west end of Main Street that it hopes will lead to reinvestment and new development in that area of the city.

The new Main Street zone specifically prohibits drive-through restaurants, and the council has said it would make the new rules retroactive in an attempt to save the historic St. John the Evangelist Church, located on the corner of Thirlmere Avenue and Main Street, from being torn down by Cafua Management, the Massachusetts-based developer that wants to build a 24-hour Dunkin’ Donuts on the west side of the city.

A public hearing and final vote on the new Thornton Heights Commercial zone and the new Main Street Community Commercial zone is scheduled for 7 p.m. on May 19.

Also on Monday, the council unanimously approved new rules that would allow restaurants, in certain areas of the city, to provide outdoor seating for their patrons under specific guidelines, including requiring the business to get a license from the city and to provide adequate insurance.

NY - Sex offender laws must be toughened

Phil Goldfeder

Original Article

Just another politician exploiting ex-offenders, fear, families and children to make a name for himself (See this video)? This is just a placebo to pacify people and lull them into a false sense of security. The city won't be any more safe. Not all ex-offenders harm children, and this is another blanket law that treats all ex-offenders as if they do. If a person is intent on committing a crime, this won't stop them, but the fact is, most sexual crimes occur in the victims own home and family, not at some park or school.

02/08/2014

In an effort to crack down on some of New York’s worst sex offenders, Assemblyman Phil Goldfeder (D-Rockaway Park) said he will introduce legislation that would restrict them from residing within 500 feet or less from any public park with a playground.

“As a parent of two young children, I understand how critical it is that we create stronger laws to keep sexual predators out of areas where our children congregate and play,” Goldfeder said. “I drafted this new legislation to ensure that sex offenders stay out of our public parks and away from our children.”

The bill would fine tune current laws by forbidding level two and three sex offenders – which, according to the state, means individuals at a medium or high risk of re-offense – from living within 500 feet of a public park that has playground. The legislation, Goldfeder said, would close the offender loophole that currently exists and ensure that all parks where children commonly play remain off limits to those convicted of sex crimes.

Current state regulations restrict sex offenders from living within 1,000 feet of parks that are attached to school buildings, but no regulation exists for parks that are not aligned with schools.

The legislation comes on the heels of Rockaway parents being outraged last month upon learning two convicted sex offenders moved into the same building on Beach 116th Street – which is situated further than 1,000 feet from the nearest school but is within a few hundred feet of the beach and public parks.

“On behalf of Rockaway parents, I applaud Assemblyman Phil Goldfeder for his quick action and response to our genuine concerns about the safety and wellbeing of our children,” said Irene Dougherty, Parent Teacher Association co-president of the belle Harbor School.

Dorothy McCloskey, director of the Friends of Charles Park, too threw her support behind Goldfeder’s legislation.

“As an advocate for the rebuilding and development of Frank Charles Park, as well as a mother and grandmother living in the community, I believe it is not only important to make our parks beautiful, but also to make them safe and secure from adults who prey upon our defenseless children,” McCloskey said.

Goldfeder has sponsored sex offender legislation in the past, including a bill signed in 2012 that requires registered high-level sex offenders to keep their photos for the online offender registry up to date by having their photo taken every 90 days.

“I will fight to ensure our families and children live in a safe community and that parents have the peace of mind they deserve,” Goldfeder said.

IN - Homeless sex offenders to be out in the cold

Homeless Shelter

Original Article

02/06/2014

By Douglas Walker

MUNCIE - A Muncie pastor is seeking the public’s help in trying to find shelter for a small group of convicted sex offenders who are soon to lose their nightly home.

Steve Graves, pastor at Fountain Square (Facebook) and Industry United Methodist (Facebook) churches, said Thursday the men have been told they can no longer stay at a Christian Ministries shelter at 401 E. Main St.

That’s due to state law that forbids those convicted of some sex-related crimes from living within 1,000 feet of places frequented by children. In the case of the Main Street shelter, that would apparently apply to a small downtown park, the Carnegie Library and a daycare facility, Graves said.

“We don’t question the law,” the pastor said, adding he was “baffled” as to why state officials apparently feel they have no responsibility to help the men survive.
- If the law is wrong you should question it!

The edict that effective Sunday, the men can no longer stay at the Main Street shelter came not from Christian Ministries, but from state officials.

Graves said he is aware of the low regard many citizens have for convicted sex offenders, and that their proximity can be troubling, especially for families with children.

“But we’re a society that believes in redemption, and second chances,” he said. “We’re still human beings.”
- Not anymore!

Graves said because of the stigma of their crimes, the men have difficulty finding work, and that the residency restriction complicates their efforts to find lodging. In recent weeks, weather conditions have made the pursuit of overnight shelter a life and death proposition.
- We wonder if that is their goal, to have ex-offenders die?

“Desperate people will do desperate things,” Graves said.

The pastor at first thought as many as eight offenders would be left without lodging beginning Sunday, but four of the men have since found at-least temporary lodging.

That leaves Graves — and those who have come to his assistance, including Paula Justice, Mayor Dennis Tyler’s administrative assistant — two more days to find a place for four men to stay.

Graves is asking anyone with a property that could be used — essentially any structure with heating that would not violate the 1,000-feet restriction — and where cots could be set up to give the men a place to sleep.

The pastor can be contacted at (765) 228-7404.

“They don’t expect the Taj Mahal,” he said. “Just a roof over their head.”

Graves became aware of the men’s plight through a convicted sex offender he met through his church, _____.

_____ was convicted of child molesting in Grant County in 1995. The former Marion resident has since returned to prison for parole violations, and two convictions — also in Grant County, in 2003 and 2008 —for failing to register as a sex offender.

He became a Muncie resident through the efforts of the state Department of Correction, who allowed him to stay at a “DOC Assist” facility — for recently released sex offenders with nowhere else to go — in the Old West End neighborhood. (A DOC official said recently the department was no longer operating any DOC Assist homes in Muncie or Delaware County.)

After his eligibility to stay at the Powers Street house ended, _____ for a time lived under the East Jackson Street bridge. The church congregation later bought him a tent to live in, but this winter has not been conducive to tent residency.

He has done some part-time work at the two churches where Graves ministers, and is hopeful his Social Security pension — for a mental disability — will be restored.

For now, though, his primary concern is having a place to sleep on Sunday night.

“The system is messed up, big time,” _____ said on Thursday.

While Graves’ priority is finding a place for _____ and the other three offenders to stay in the short term, he said efforts must be made to solve the residence issues for offenders on a long-term basis.

“This is a community problem,” said Graves.

The Muncie pastor is no stranger to trying to solve government-related problems — or to dealing with convicted criminals, for that matter.

Before he entered the ministry seven years ago, Graves worked both as an administrative assistant to then-Gov. Evan Bayh, assigned to health and human services, and as a probation officer.

FL - Homeless camp found on private property in Fort Myers

Original Article

We knew this would happen. Any time the fire gets hot the police, politicians and others scramble to move the offenders out of site again. You can mark our words, another homeless camp will pop up. Florida has been playing the sex offender shuffle for years now.

02/05/2014

By Laura Roberts

FORT MYERS - A homeless camp full of sex offenders was found on private property in a Fort Myers neighborhood. Now, they are being told to leave.

The sex offenders were found living in the woods off Veronica S. Shoemaker.

Police say at least six people were living in the woods. Their tents are still up, but authorities say they can't stay.

The property is private. Therefore, the owner asked police to give them trespass notices.

Authorities did just that on Wednesday – giving them until Tuesday to leave.

In the meantime, Animal Services was called to take in two dogs they say were malnourished and in distress.

We were told they have been living there for months. Some of them are registered sex offenders in an area close to parks and homes.

"The sense of having a sex offender there creates a higher level of awareness and a high level of concern for the residents," said Captain Jim Mulligan with the Fort Myers Police Department.

The Homeless Coalition is working with police to try and find somewhere else for these people to go.

Police say if the group is not off the property by Tuesday, they could be arrested.

See Also:

• Colony of Outcasts: Some sex offenders find refuge in Fort Myers woods
• FMPD: Homeless sex offender camp cleared out

WI - Sex-offender limits debated

Dumping ground

Original Article

02/05/2014

By Mark Schaaf

MUNICIPAL OFFICIALS WONDER WHETHER COUNTYWIDE ORDINANCE WOULD WORK

RACINE COUNTY - With restrictions on where sex offenders can live in place in some Racine County communities but not in others, county officials have begun discussions on a residency ordinance that would apply to the entire county.

A few challenges emerged in initial talks, including the fact that every Racine County municipality would have to agree to the ordinance — no easy task if the proposed county restrictions differed with local ordinances already in place.

The county also needs to address who would enforce the ordinance — whether it would be the Sheriff’s Office or local police departments — and the state Department of Corrections has raised concerns that it would drive sex offenders to homelessness, making them more difficult to track.

But Mount Pleasant Village President Mark Gleason, who also serves on the County Board and has pushed for a countywide ordinance, said passing the law would ensure no community becomes a “dumping ground” for sex offenders.

The idea has generated interest among Racine County community leaders, Gleason said, as it would create a “level playing field” across the county.

He and other Mount Pleasant officials spoke Tuesday to the county Government Services Committee. No action was taken as the county’s corporation counsel and other departments continue to examine the issue and compare local ordinances.

“We’re at that first stage of finding out whether or not this is an option for the county,” Gleason said.

Mount Pleasant passed an ordinance last month prohibiting sex offenders from living near any place children gather, including schools, parks, day care centers, athletic fields, playgrounds and churches. The minimum distance they must live away from those places is 1,000 feet or 2,500 feet, depending on the category of the offender.

The village approved its rules mostly because Racine, Caledonia and Sturtevant put restrictions in place that were driving sex offenders to Mount Pleasant, police Capt. Brian Smith told the committee.

“What we were seeing in Mount Pleasant was the fact that these men, who were sexual predators preying on young kids, all of a sudden being dumped in our community,” Smith said.

Whether a countywide ordinance would prevent that from happening in other communities is still to be determined.

Burlington Mayor Bob Miller said he is leery about countywide restrictions. The city enacted an ordinance a few years ago restricting sex offenders from living near places such as parks, schools and churches, but it would be moot if a countywide ordinance is passed.

“I would have to see what the proposal ends up being or somehow be involved. Sometimes these one-size-fits-all laws don’t really work that well for everybody,” Miller said. “If Racine has a lot of offenders and we don’t have that many and we end up with their offenders coming here, I got an issue with something like that.”

Waterford, meanwhile, does not have an ordinance on the books. The village researched and reviewed the issue several years ago, but the Village Board decided not to move forward.

Waterford is only 2-1/2 square miles, which makes it challenging to find parameters for restrictions, Village Administrator Rebecca Ewald said.

She said she couldn’t comment on a possible countywide ordinance until seeing it.