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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:
It's interesting to me that you can be a murderer and not be under this kind of scrutiny. You don't have to register as a murderer or anything. You don't have to post signs on your house that you've murdered someone or multiple people. So you can actually take the life of somebody else in this country, serve your sentence, be released, and not be branded for the rest of your life the way a sex offender is. Very interesting.
normally murders get nice long sentences or the death penalty and we dont have to worry about them. but once out they also should be tagged
Uh really? Not sure what you consider a long sentence for murder but it's not uncommon to see someone out in 5-15 years for murder. And no, nobody should be tagged. That's the point - you still are protected under the Constitution even as a convicted felon - that's why the ordinances in this story are being challenged - and I hope its proven unconsitutional and they win!!
I'm not for backing down on tagging these people. In fact I'm for more tagging. I'd be happy to show my tag to anyone who asked. Seems like the rights we are protecting are always for the people committing the crimes. Just because we can't take these people out of society doesn't mean we have to hand them back everything they violated in committing a crime. Maybe it would make them less likely to offend again if they knew they'd lose some of their constitutional rights. We take constitutional rights away from murderers every time there's an execution, but not all murders are considered equal so yes some are out in 5-10 years but the real sickos who bury people under their porches face possible execution. So if some real sickos are molesting kids I think I'm okay with their right to celebrate Halloween being denied, and their right to live anonymously among us being denied, and a whole plethora of other rights that they no longer deserve just as the most horrific murderers lose them for being the way they are.
carve it in their forehead that they are a chomo see how far that gets them.
Seems fair to me. Hey look, If there is one group of people you DONT want with a bag full of candy luring kids to their homes at night... its sex offenders. If your a sex offender and arent of "that type" .. you can blame the ones that "are" for putting you in that category. Kind of like the kid who left his chewed gum under the desk in school, and the rest of us couldnt have gum, even though it wasnt us.... ya... same deal.
What about the first amendment rights of their victims??????
They should be thankful that they have ANY rights because I can guarantee them this if they molested one of my kids they'd be dead right now!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
No if's and's or but's.And I would have no problem doing the time
Well said, if it had happened to my son I would never have called the police if I new who it was.
California is a great example of democrats trying to impose comunism on its citizens. I think california should be forced out of the united states of america.
No sympathy for those pieces of human trash. Child molesters are no better than murderers because they rob children of the innocence of their childhood for their own perverted selfish gain. Why do you think child molesters get treated the worst by other hardened criminals once inside prison? They deserve no respect, and their whining should not be listened to or even taken into consideration. They should have thought of all of that before they committed their deed(s).
no one said anything about child molesters, sex offenders are anyone convicted of even taking a picture or possessing a picture of an individual under the age of 18, if you have photos of your child naked on your computer, you are technacly a sex offender wether you like it or not. law is the law. I know a person serving jail time right now for just such a thing, This is where the law is twisted. and it is a true story. They do deserve respect they are human beings that just made a mistake. your preverted mind came up with child molestation not the article.
1
The city fathers felt they had to do something.
People were starting to refer to their town as 'Seamy Valley'.
This is a law that, in concept is good, who would want their kids to take candy from a pedophile, but in execution it leaves a lot of people unfairly effected because being a sex offender isn't just an exclusive list of pedophiles.
This is a stupid and useless law! First of all, "The List" is overloaded with too many people who did something stupid in their youth - many times a victimless crime like whizzing in an alley after "closing time" - when obviously there are no kids around (at 2am!). So, the really dangerous scum like the Garridos of the world are lost in the crowd and are able to keep a poor girl hostage with nobody noticing.
HEY PARENTS: YOU parent your kids! YOU walk with them on Halloween. Stop making the government raise your kids. Then maybe California wouldn't be on the verge of bankruptcy. I think any parent who lets their child out trick or treating alone in the dark should be put on a list!
A guy I knew in college streaked at a frat party as a joke - and got picked up by campus police and arrested for public lewdness. Now he is a registered sex offender and it has been a boat anchor around his neck.
The problem with these laws and ordinances are that they are general and have no ability to look at cases where the person is obviously no danger to society. While I know there ARE dangerous people on this list, I also know there are plenty that are not. So one bad choice in your past means you pay for it for the rest of your life?
Spoken like a true liberal solex. "I know there are dangerous people out there but for heaven's sake, let's not imprison everyone, and if a kid does get abused well, we can't keep an eye on everyone, that would be a violation of that person's rights" wah-wah-wah
I wonder if you would feel the same way if it was YOUR rights that were trampled on. Then YOU would be the one going WAA WAA WAA now wouldn't you?
Conservatives are all about crime and punishment until it affects them or someone they care about, then they are all about "extenuating circumstances".
There is a word for that: HYPOCRISY
This ban is the dumbest thing ever. This crap is what keeps convicts from reentering society because they constantly have to battle with the "Scarlet Letter" of their past crime. Only the uneducated think that these people, upon releasing from jail/prison, immediately go on the hunt to diddle young kids.
Read a book before you start lumping an entire population in under one label.
Spoken like a true pedophile
Have read a book. Have been violated at 5 years old, by a repeat offender. Have seen studies which show that pedophiles have the highest recidivism rate. Have seen at least one study on a system in Canada which has a fairly high success rate. Cost more then prison and requires the assistance of large numbers of people. I can think of better uses for the money and time. Hunger, disease, natural distaster, etc. There are certain crimes which I have no second chance belief, this tops the list.
tru dat!
Hey dumb ass, sex offenders REPEAT what they do, especially pedophiles. They do not become PRODUCTIVE (sarcasm intended) Isn't it time we actually protected law abiding people. Have you had someone in your life that was sexually abused dumb ass?
Guess what genius...the biggest percentage do "immediately go on the hunt to diddle young kids" I know this because that is EXACTLY what my offender did.
I have no sympathy for them...nor do I feel they should re-enter society...however since they do, I feel they must have a level of accountability. What they do to others/children impacts others/children for life. Why should they be able to move on without a thorn in their sides, when the victims can't???
As for those ridiculous things on the registry...such as public urination...etc. I don't agree with that, but I am powerless to change it. Like many other rules and regulations...sometimes a few undeserving people get the screws put to them for the greater good of mankind.
Simple solution; require that each and every convicted sex offender must put a sign near the sidewalk and front door specifying the crime(s) he or she was convicted of. If it consists of some poor fool who got drunk and pee'ed in public, not a big deal. A more serious crime and the parents can decide themselves. This shall be done every Halloween if the offender does not want to ignore the holiday.
Well, if you do not want to be labeled a Sex Offender of any sort, STOP PISSING IN PUBLIC you neanderthal!!! this is a bs lawsuit because they are criminals. PERIOD. they were convicted of a crime. sucks to be them if they are labeled the same as child molesters for pissing on the sidewalk. don piss on a sidewalk and there will be no problem. FREAKS!!!!
A little too much caffeine this afternoon? Comparing a drunk to a pedophile is like comparing a shoplifter with a kidnapper. The punishment needs to fit the crime.
ok. what part of "sex Offender" and "not being within so many yards of children" do you not understand? jeez!
I'm not Jewish but I found that lawyer's comment comparing the Jews being forced to wear a star by the Nazis to some sexual deviate having to post a sign saying no trick or treating here extremely offensive. The Jews were innocent victims of some raving lunatic and suffered atrocities that went beyond horrible. No way can you compare that to a group of perverts who sexually molested innocent children. These sex offenders waived their rights once they were found guilty. And most of them are not cured simply because they spent time in jail. Given the opportunity they will molest again and allowing them to give out candy on Halloween will afford them the chance to prey on more victims. I hope the lawsuit gets thrown out of court.
i completely agree with that the comparison was horrible. murdered innocents are the same a sex offender? come on lawyer person!
children going to get candy from a registered sex offender
I guess the Catholic churches will have to turn off all their lights that night.
I've noticed the typical bunch of ignorant @!$%#s that have commented. This attorney is full of @!$%#. Sex offenders need to LOSE their rights especially pedophiles. More money down the drain from liberal bull@!$%#. What constitutional rights? These @!$%#s have victimized people.
"The police chief told the council that he could find no records of a sex crime against a child on Halloween in Simi Valley."
Is this guy for real. What does he want record of a sex crime against a child on halloween? You can't take the chance just because law breakers are not allowed to participate and its not fair for some of them.
I am a registered Sex Offender, My wife of 17 years and MY four kids go to everything school bus stop, school activities, highschool football games, and trickery treating. I made a mistake a few years ago and invited a woman to a movie and was arrested by a police officer who said I was there to pick up a 14yr old girl. Well the DA offered my lawyer a deal of house-arrest for 11 months instead of fighting it if I plead to (attempted illegal communication with a minor). Well instead of dragging my family through a trial and praying the "moral" jury did the right thing for a lapse in judgement cause most here never have those. So I have to register for 10yrs and have 6 years left on the registery. My neighbors still treat me like they did the day prior to me going to the movies which I never went I decided to go back home and one the way was arrested, lol. I mean lets be serious only thing here matters if the offenders are prevented from life, liberty and pursuit of happiness then it is let the law stand. However, if the offenders children are effected then the law should go cause it is all about the children. I dont mind being on the list cause I have 6years left to be openly judged and a lifetime to prove I am not "some animal". Should the law be fixed yes should the law go away no. It should be VERY VERY hard to make it on the list so if your on the list you are a true scum. Attempted anything should not be on there, however if you did the act then your butt rates it. Plus this state at your conviction the judge decides what you can and cant do as far as in the public area, and since mine simple I have all my rights I just have to register and since I am not a rapist I dont care what the goverment does with my DNA and in 10years I earned the right to say it was stupid judgement and live in this great nation. So dont judge people cause I use too, now I am on the list for a police officer to make newpaper for a day.
.
boo fricken hoo cho-mo, your "lapse" in judgment got you what you deserved
Guess what? You molested children; you forfeit your rights! I have no sympathy for these whining perverts. They took away the rights of the children they hurt, yet they believe they're still entitled?
I don't feel a bit sorry for them. I feel sorry for their kids in more ways than just halloween!
By the way, all of you who are so offended at the comparison to what the Nazis did - STUDY YOUR HISTORY! Hitler started with the "sex offenders" of that time (namely, gays).
He chose the "easy targets" before going after the Jews and other "undesirables."
STUDY YOUR HISTORY before opening your mouth!
Gays are not sex offenders.......
Understand your history and it's relevance to current topics.
Um. actually, many gays in CA ARE SEX OFFENDERS. When sodomy (even between 2 consenting adults) was illegal and on the books, MANY gay adults were convicted and made to register. Since registration in CA is for lifetime no matter what, there are plenty of gays who are registered.
Once again, know your history before opening your mouth.