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Subscribe to RSSRegistered sex offenders in California are suing to block a Simi Valley law that would keep them from putting up Halloween decorations and require them to display a "No Candy or Treats" sign. WNBC's Ted Chen reports.
An attorney representing five Simi Valley sex offenders who sued the city over limits to their Halloween activities said the lawsuit will be the first of several she expects to file over such restrictions.
Lawyer Janice Bellucci heads the 18-month-old advocacy group California Reform Sex Offender Laws. On Friday, she filed a lawsuit in federal court claiming that Simi Valley's ordinance violates her clients' First Amendment rights.
The suit seeks a judge's order prohibiting enforcement of the ordinance in Simi Valley, which has 119 registered sex offenders, according to a city report. Bellucci is representing five unnamed sex offenders, three of their spouses and two minor children, she said.
The ordinance, adopted Sept. 10, prohibits registered sex offenders in the Ventura County city of about 125,000 from displaying Halloween decorations, answering the door to trick-or-treaters or having outside lighting after dark on Oct. 31.
Simi Valley councilman and LAPD officer Mike Judge said the law is modeled after similar Halloween laws enforced in other California cities, and is meant to protect children.
"This law was generated by citizens asking the City Council to do something," Judge said. "And it didn’t seem unreasonable for the City Council to take it up.
"As far as I’m concerned, our law doesn’t go as far as other laws in the state of California and it still, in our opinion, protects our children a little bit better than not having it."
Registered sex offenders are also required to post signs with on their front doors reading, in 1-inch letters, "No candy or treats at this residence." Those offenders visible to the public on the state's Megan's Law website and convicted of a crime against a child are required to post the sign.
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Sixty-seven of the city's offenders are listed on the website, according to a city report; the rest are convicted of misdemeanors and don't have their names on the public list.
Bellucci said the sign-posting requirement was "particularly egregious."
"We consider that to be a violation of the U.S. Constitution," Bellucci said Tuesday.
The ordinance both imposes "forced speech" – the sign – and restricts speech by prohibiting Halloween celebrations, she said.
"It's similar to Jews in Nazi Germany who had to wear the yellow star on their clothing," Bellucci said.
The Simi Valley measure is part of a trend of increasing strict restrictions on the activities of convicted sex offenders who have "paid their debt to society," Bellucci said.
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Her organization intends to begin filing lawsuits to challenge other statutes, she said.
The office of Simi Valley City Attorney Marjorie Baxter said the city had not been served with Bellucci's complaint, so it had no comment as of Tuesday afternoon.
Baxter was quoted in the Ventura County Star, which first reported on the lawsuit, as saying: "We thoroughly researched the ordinance and I don't feel the lawsuit has any merit, and we will defend it vigorously."
At an Aug. 20 initial City Council hearing on the ordinance, a deputy city attorney told council members that "traditional trick or treat activities associated with Halloween provide have the potential to provide significant opportunities for sex offenders to victimize minors."
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Council members at that time expressed some concern about legal repercussions, as well as worries that residents who decide not to decorate will be thought by neighbors to be sex offenders.
The police chief told the council that he could find no records of a sex crime against a child on Halloween in Simi Valley.
Those who are convicted of violating the ordinance would be guilty of a misdemeanor and subject to a fine of up to $1,000 and/or up to six months in county jail, according to a city staff report.
California residents who have been convicted of or pleaded no contest or guilty to a sex-related offense must register with local public safety authorities. Offenders are listed on the registry for life.
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Leave a Comment:
Perhaps by making the "no candy" sign available as a public service for anyone who DOES NOT wish to participate in traditional Halloween activities, but making it mandatory for the sex offenders, would eliminate the "stigma".
BTW, sex offenders in America are NOT Jews in Hitler's Germany.....
what a wacko concept.
what the holy flying mother @!$%#?!? do people these days know that little about nazis and what happend during the holocaust?
Yeah............let 'em celebrate halloween with us
RIGHT AFTER WE REMOVE THEIR GENITALIA....................
This lady sounds like a crazy crackhead...
Here's an idea for all the parents out there....
If you want to make sure your child is safe from sex offenders, how about protecting them yourself and not counting on law enforcement to do it for you. Another words parents...take you own kids trick-or-treating and don't let them wander the streets w/o supervision. Imagine that; people being responsible for their own children.
I do, many of us do...but let me tell you this, even WITH me present, I don't want to unknowingly walk my child up to the door of a sex-offender!
If you don't mind...then go right ahead, introduce your children to a potential threat like that.
4rudie.....that's what the registries are for....perhaps you should check them prior to taking your child out?
Or does that require too much effort on your part?
By the way, most of these laws are nearly uninforcable.
Perhaps an offender is friends with a neighbor, and goes to their house. What good is your law now?
Guess what genius...I DO!!! However, some people don't have that access.
Troll
No troll here. It was an honest and serious question.
it's good you do, at least you are informing yourself. In this day and age, everyone has a way to find out this information, to say someone doesn't have access to it, would be arguing that they are completely shut off from life outside their front door. Come on, be realistic and understand that people don't check it out of laziness, not lack of access.
...maybe, BUT that shouldn't trickle down to an innocent child, no matter what kind of parent they have.
once again 4rudie4....Parents, not society, needs to be responsible for their OWN children.
@4Rudie....but at the end of the day, you can't expect the state, or government or the organizations there in, to parent for parents themselves.
There has to be personal responsibility with parents. You have to be aware of everything your child does, even if it pisses them off.
With these laws, people expect government and police officials to make everything safe. But you have to understand, almost all police departments are under funded. and a large majority of laws are nearly uninforcable in this arena, thus many of them become a waste of tax payers money. When people can get over histeria, and look at this issue honestly, people might find that there are more affective was not only at tracking those that need tracked, but spending of funds wisely, as well as getting those off the lists, that really should never have been there in the first place!!!
Decorating your house with Halloween decorations and handing out candy to children are two very different issues. You should be able to decorate your house as long as its within your neighborhoods rules. However, you should NOT be allowed to hand out candy to children. Truly, they should do away with Trick or Treating anyway, all that candy is bad for the children and adults involved. I mean really children with obesity are in epidemic proportions here in the US already. The good candy is expensive and there are alot of people who have so many trick or treaters they cant afford the cost of the candy. Halloween should be like any other holiday, spent at home with family and friends.
Trick or treating is fun. There are too many people trying to ruin holidays for everyone. First it was Christmas, now its Halloween. It is just YOUR opinion that people should sit home with their family on Halloween. It shouldn't be imposed on everyone else. The obesity epidemic isn't caused by one day out of the year that kids eat candy. You sound like a boring, no-fun person.
Convicted sex offenders shouldn't be allowed anywhere near kids, or be allowed to participate in any actives where children could be possibly harmed by them, PERIOD. They lost their rights because they violated other peoples rights. This suit, should be thrown out of court.
If they think they were wrongly convicted let them appeal, but until proven to be innocent keep them away from kids.
You are aware that not all convicted sex offenders are pedophiles, not that it necessarily makes them any better. There are also cases where people have been forced to register for bull@!$%# reasons.
ALOL these law suits is getting out of hand. there needs to be a law about nucense law suits.
Re these child molesters --- If we had the death penalty, and used it, this would not be a problem !!!!!
This is a dumb discussion that panders to the ignorant. The fact of the matter is that sex offenders have a lower recitivisism rate then any other type of felon. An offense against a stranger is very very rare but of course it gets more attention. (and rightly so) However, the constitution is not supposed to be applied only when it is convenient and when you start taking away rights to a certain group no matter what the emotions are that are evoked by them, you threaten and weaken everyone. Granted it is dumb to compare registered sex offenders to Jews in nazi germany. However, if someone hurts an infant or child in a non-sexual way they do not pay in any of these ways. neither do people who sell drugs to kids or even murder them. That is a far larger demographic fyi and who would you rather have living next door to you? A person who broke a 9 week old babies ribs or someone who had sex with a high school girl who sought it. Both are terribly wrong but the second one is branded for life. maybe someone will think this through in a logical manner and change there mind? Hahahaha....doubtful.
Well sorry to break it to you Bosco, people don't think logically when it comes to protecting their children. Just because sex offenders have a lower recitivisism rate doesnt mean that they wont do it again given the opportunity. As these people have been convicted of a felony, like all other felons some of their constituional rights are stripped from them. Such as felons no longer have the right to buy a firearm, they must notify employers or possible employers that they are a felon, and other rights may be revoked based on the severity or circumstance of the crime. Seeing that the felony commited by these people is statutory rape and/or indecent liberties with a minor. Its not a far stretch to see why they would have certain restrictions placed on them limmiting access to children.
From your post I gather you are most likely not a parent and do not know how protective people are of their children, so before you drop the words dumb, and ignorant go have a few of your own and see how you feel about the man next door who raped a child.
Many people would be surprised to learn that sex offenders only reoffend (commit another sex offense) at a rate of only 13%. It rates 2nd only to murderers, and the only reason murderers are lower is because they are in jail for life, or death, depending on the state.
Mainstream media will not tell people that though.
When ordinary people don't want trick or treaters coming around, they simply don't decorate, and turn off the lights. And if they didn't decorate, the signal has always been to have your front porch light on if you want to give out candy.
Ok, so go ahead and require that people not decorate, and turn the front porch light off, between say 6pm-10pm.....but what good does that sign do? It does nothing but point people out. Much the way the registry itself does....but that's a whole different issue.
Mikal
No, that's exactly what that means. You are taking the actions of few and multiplying it to the mass. It's just not the case.
By the way, felons that have received a "withhold of adjudication" maintain almost all their civil rights, including the right to purchase a fire arm. Though they are still required to notify employers, and many county sheriff's offices as well.
I believe only sex offenders that were put away for hurting children; should never be allow to lure children to their home! I could care less about their right of freedom of.... Hmm where's that child's right you hurt?! Ohhh yes that's right you took his rights now you can pass out candy to children again because you did your time to society. What a joke, and now they want to sue because the state wants to protect the children, I "say great job and let them sue"; keep protecting our children!!
Only thing is, you have to hope that the case gets tried before a judge with a real strong backbone. I agree totally that I'm WAY more concerned about the rights of the victims and not the rights of the criminals. But California judges seem to lean a little differently so I dont know............
Lawyer Janice Bellucci is a pig and a disgrace to the human race. She sticks up for animals, people that like to abuse kids. I hope that one day one of her kids, that is if she can have any, becomes one of their victims. God did not make lawyer, only man can make something this smiley. And I hope she is not Italian because I would hate to find out she belongs to my nationality. Janice you belong to the scum of this earth.
Comparing this to the treatment of Jews in Nazi Germany is an OUTRAGE. The Jews were innocent victims of genocide. These are CONVICTED CRIMINALS. Yes, they may have been incarcerated for their crimes, but that does not change the fact THAT THEY ARE GUILTY!!!!!! They are felons, they must disclose this fact on job applications etc. Just because they served out their sentences, that does NOT mean that these proven predators can be considered "safe" around other people's children in the future.
I wonder how this lawyer would feel if she got the law repealled and one of her own kids were assaulted by one of the convicted sex offenders. I wonder if she woudl say, "gee, its too bad my little 8 year old girl was raped by that sex offender, but at least he had a BEAUTIFUL Halloween display" Somehow, I doubt it.
But then again, she probably doesnt have children so she cannot conceive of the risk to other people's kids.
And for all the people who talk about the offenders who were "really, possibly not guilty", I'm pretty sure those people rank in a severe minority. I'm willing to bet that the majority of the sex offenders were actually guilty of the crimes in question.
You gotta hand it to the pervs...they've got balls.... BUT no shame.
Problem is, you pass laws against sex offenders, the govt. starts casting a wider net, and before you know what has happened you will be caught up in that net for speeding, running a stop sign, not using your turn signal -- whatever.
I don't know about Texas but in the rest of the country all those things you mentioned are already illegal. What's next? Texas outlawing dragging people behind pickups? Not a chance.
Well first of all she should take off her Halloween costume. Dressing up like a dog while giving this interview is not funny. Second these scum should not even be out of prison much less handing out candy to kids.
Seriously, comparing the restraint of child molesters to what the Nazi's did to the jews. Get off your high horse, I am all for the law. I am all for constitutional rights, but even they have their limits. For instance constitutional rights apply to law abiding citizens, not convicted felons and especially not those who were convicted of taking indecent liberties with a minor, laws forbiding such people from coming in contact with children during a holiday in which children are more vunerable are perfectly okay with me and I have my doubt that any judge or joury in their right mind will side with you.
lets see, convicted child abusers, wanting to be able to entice children to their homes? ?? ? seems logical to the left wing liberals dosent it???? to me, it seems like those perverts should have some surgery, or maybe 15 minutes with the parents of the children they abused.. or at least 10 minutes in the electric chair.. why do these people think they deserve rights, they are convicted felons, and therefor have NO rights....
Only in America would you have a lawyer comparing Child molesters to Jews in Nazi Germany. We are the Joke of the world.
With having worked with sex offenders in the past the majority that I know would welcome this and don't practice Halloween any way for this reason, they want to become a useful part of society with in their restrictions and they don't want to welcome any problems. Some are still married and will leave or work that night if possible to let their families participate. BUT unfortunately not all offenders are the same just as drug and alcohol users trying to remain sober are the same. Actions by this she bitch of a lawyer just brings a greater plight upon those wanting to change. NOT all offenders are the same, I do question the motives of these who are in this suit and it troubles me to see it.
I think requiring they post a sign that says they have no candy or treats is acceptable
I do not think telling them they cannot have decorations or lighting at night is acceptable. The lighting is a safety issue and there is no reason decorations will be a concern. If a child is with an adult (as they SHOULD be), then said adult can read said sign and pass the house in question
I'm sure this will offend someone, however I am past caring. I am really sick to death of hearing about the rights of these freaks of nature being trampled on. I say screw theor rights. They forfeit their rights when they decide to commit their crimes.
This doesn't surprise me. Simi Valley is LAPD's bedroom community.
The real problem is take their rights, yours are next.
Ok people. Stop saying that liberals and Californians love sex offenders. You are forgetting that it is the city as well as many other California cities that created these laws against the offenders in the first place.
Most liberals would have no problem with restricting the rights of sex criminals. And the posted signs only apply to people convicted of crimes agains children. Seems reasonable.
Before you go spreading hatred against us libbie Californians, remember that the only ones actually opposing this law are sex criminals and their one lawyer. I think every state has at least one lawyer who would take a case like this for a paycheck. How many states have cities with this law in the first place?
It is a tricky situation with the government trying to keep the rights of sex offenders and of children. Certainly some offenders would not repeat but Iwould rather the government err on the side of the children then on those who have previously beeen convicted. I think that the idea to turn the lights out and have a sign out is good for anyone who doesn't want to be disturbed by the trick or treating tykes. I would not view it as an admission to past transgressions. It should problbly be a way anyone who doesn't want trick or treats at their door to indicate that. Children (teens) or anyone who cause damage to such houses should be punished.