Saturday, January 11, 2014

CA - Appeals court rules against Orange County on sex offender law

Park Bench
Original Article

01/10/2014

By Abby Sewell

A panel of California appeals court judges found Friday that state law trumps Orange County's regulations on sex offenders that ban them from parks and beaches.

The fourth appellate district decision reverses the conviction of _____, a registered sex offender who was convicted of a misdemeanor for violating the county ordinance after he went to a company picnic at Mile Square Regional Park in Fountain Valley in 2011. _____ had been convicted of misdemeanor sexual battery in 2010.

The county's restrictions on sex offenders, passed in 2011, were among the most aggressive in the state.

A number of cities within Orange County adopted versions of the law at the urging of the district attorney's office, and many of them also faced court challenges.

An Orange County Superior Court appeals panel overturned _____'s conviction in 2012. In response, the Orange County Sheriff's Department stopped enforcing the law, and the Lake Forest City Council voted to repeal its ban.

The county appeals panel said the sex offender law appeared to be illegal and asked the 4th District Court of Appeal to hear the case.

"_____ argues state law preempts the county ordinance and therefore his conviction is void. We agree," the appeals court ruling said.

The state Legislature has already enacted a "comprehensive statutory scheme regulating the daily life of sex offenders," and the Orange County law conflicts with it, the panel found.

Orange County's law allows sex offenders to go to parks with written permission from the county sheriff. The appeals court found that requirement amounts to a "de facto registration requirement" that conflicts with the state's existing sex offender registration requirements.

Representatives of the Orange County district attorney's office could not immediately be reached for comment.



7 comments :

Mark said...

"Representatives of the Orange County district attorney's office could not immediately be reached for comment." This means in reality that they are sitting in a conference room with about 10-15 other prosecutors to see if they have cause to appeal to the California Supreme Court. Nothing more. They have little to no interest whether or not an offender will suffer additional consequences, or that the law being found unconstitutional should just be legally interned for good. If they can find a theory, they will sail up to the high court - so they can WIN under the guise of "PUBLIC SAFETY." This appeals court decision is akin, and almost equivalent to the federal "PREEMPTION" doctrine.

Mark said...

"The meeting took place under the impression a film would be watched by
the pair, until this lead to Carey spending the night with the man and
having consensual sex.

The day after, the men agreed to go their separate ways, though not
before the victim agreed to offer Carey a lift in his car to where he
needed to be.

Before Carey left the car he demanded £50 from the victim. Carey said he
would accuse his victim of rape if he did not give him the money." WOW, what a real shocker - huh? This is something out of SVU! And this can happen to anyone that trolls the net for their foreplay. Man, people better start getting it!

Mark said...

Oh brother, another one bites the dust. These stories gives a new meaning to "TO PROTECT AND PERVERT." Sorry to say.

dlc said...

They may appeal, but its at least a temporary win. It's at least a wake up call that the sex offenders are tired of getting the shaft and that the sex offenders are going to fight back in court against their oppressors. Now if a class action against the federal government could be arranged so that the Adam Walsh Act could be overturned. This same group should sue John Walsh for his part in creating that law. Sex offender laws have nothing to do with PUBLIC SAFETY and have everything to do with bilking the taxpayer out of more money. The sex offenders who have jobs pay taxes which in turn go to enslave the sex offender. This must stop. This ruling is a start.

NJ45143112 said...

Gee...

What a shocker!
"Representatives of the Orange County district attorney's office could not immediately be reached for comment..." Tony fights for over a year to get this nonsense enacted into law and didn't do the slightest necessary amount of research to find out that there is a higher power than him...

As I've said for years, he only started this nonsense because people were starting to wonder why he didn't do anything about the killer cops that are being tried now...
He's simply another figurehead politician that has no ability or common sense...

Robert Curtis said...

http://ocgov.granicus.com/ViewPublisher.php?view_id=4

I presented before the Orange County Supervisors here. Click the video for 05-08-12 and scroll down to public comments I'm the first presenter.

Sex Offender Issues said...

Great hob! We'll be posting that video on our blog tomorrow some time. :)