Thursday, June 12, 2014

CA - City being sued by registered sex offender

Lawsuit
Original Article

06/10/2014

By Doug Keeler

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

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

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

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

The suit is not unique.

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

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

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

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

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

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

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

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


13 comments :

sloan44 said...

This is a hate crime and should be treated as one. This shows how the sex offender registry does not protect the children,but instead it is used to promote vigilantism,hate and discrimination.

This vigilante open fired at a store where he saw the registrant. Customers, including children, which,"We must protect," could have been killed or injured in the vigilante gun down.

I have no idea if the registrant/vigilante are married with children but if so,the children "Which we must protect" will now be raised without fathers (Another sign the SOR does not work) along with a broken marriage and widow.

Another thing that irritates me is the sheriffs comment: "We just ask that the public stay patient as our investigators work to piece together the events which took place Sunday night." When a person is "Suspected" of a sex offense they are instantly viewed as guilty and no comments are made to "Be patient". Whats next, a "suspect" to be murdered by a vigilante?

I have contacted five major news stations which I feel should broadcast this murder nationwide but doubt if they will. It seems they feel the ratings would not justify the time/money of the broadcast..that along with how they are regulated on what can/cannot be aired.

These are hate crimes and should be treated as such by the district attorney. Registrants and family of: BE VIGILANT!

sloan44 said...

Just noticed: Just now @ABCNews takes the time to tweet "Bill Murray crashes a couple's photo engagement shoot", but won't take the time to tweet about this vigilante murder committed by the suspect Jay Maynor. Sad.

Kevin said...

Once he is off of probation all of the restrictions that have been set by his probation officer are no longer in effect. This is usually a very long list that is given to the probationer on his first visit to the probation office (curfew, travel restrictions, social restrictions, etc.). Once he has been discharged from the state, the only obligations he will have will be registering with your state's sex offender registry. The number of times he must register (in-person appearance?) will be based on his crime and the corresponding tier level. The lowest tier will register annually and the highest tier will register quarterly. Your state may also require a registration fee. The only restrictions he will face would be any local or statewide residency or loitering restrictions. He should check with his probation officer on what those are close to his discharge date.
Now, onto the more important question: do you have a future together? The answer is yes, but like any relationship there will be times of stress and sadness. Depending on where you live, who you live near, and the general attitude of your community, you may or may not have social problems with neighbors. Jobs will be hard to come by and he may have to accept employment that he is very overqualified for. You can also expect the occasional residence check by law enforcement. Check out some of the other letters on this site that discusses how to handle those. The BEST thing about life with a sex offender is that he is likely to be the most devoted, loyal, caring, and loving person you could choose to be with. All any sex offender wants is a chance to prove that he isn't the monster he's portrayed to be. If you give him that second chance he's looking for he's likely to never let you down.

Matthew said...

It could be different in OK, but I doubt it. During probation, you have all kinds of restrictions, but once probation is over, the restrictions are minimal.

You might have restrictions on where you can live and of course he will have to register every 3 months (or more/less depending on his risk level), but beyond that, life is pretty normal.

I'm a married father of one, and I am a sex offender. I got of probation two years ago and life is pretty normal. There are no restrictions on where I can live here, so really the only thing I deal with is going to the Sheriff's office to register once every 3 months.

If he's a good man who has his issue under control and you feel you can trust him, you don't need to worry. I mean, there will be (non-legal) challenges for sure, that come from him being a sex offender (ex. MUCH harder to find a job, etc.), but nothing that can't be handled.

My family and I are very happy and the fact that I'm an SO rarely even comes up anymore. Live can be good. Hang in there.

dlc said...

Another win for us! YEAH! Go for it!

Eric Knight said...

Michelle:

There are a few sites around. One of them is the Sex Offender Solutions and Education Network (www.sosen.org). They have resources to help you with what you need. In addition, various states have RSOL (Reform Sex Offender Laws) chapters, and a few states have "Voices" (such as Texas Voices). Just google RSOL and Texas Voices, and navigate to SOSEN for a start. You are not alone!

NJ45143112 said...

I am given to wonder why this is an issue when the state already said that these idiots have not power to supercede state law...
They can file anything they want and it still would be as impotent as they people that wrote them!


I would suggest that this person shouldn't go to the park considering the nature of his offense and/or should discuss this with his PO (if he has one) first...


regardless, if the state has already nullified these ordinances, then another court case is a waste of time...

TjAlabama said...

There was someone last night that was targeted by a vigilante or vigilantes! The Facebook website: https://www.facebook.com/pages/Family-Friends-and-Supporters-of-Jay-Maynor/325444844270469 Needs to be shut down. It is causing the "witch hunt syndrome" and someone is going to get hurt or killed. Not all registered Sex Offenders are dangerous or a threat to our children or others! More the reason why Sex offenders should be classified in different stages by their charge and a Statutory charge shouldn't even have to register. Probation with monthly check-ins.

sloan44 said...

Just viewed this Facebook page The people don't even have it right,they are calling him a predator/pedophile. I find it disgusting how they view him as a hero,feeling that he did the right thing. Yes,this will cause a witch hunt syndrome!

Free at Last said...

The Facebook page is very disturbing. The continuing trend of making people like this guy a "hero" is sad. This FB page goes beyond supporting him, as some would like to change the law so killing an offender isn't a crime. It is totally off balance, as a vigilante killing isn't the same as defending your home from an invader, but that is the logic pattern displayed. Is this further evidence of the breakdown of society? Most definitely.

He is NOT a hero! said...

The man he was shooting at in the store wasn't even the registrant, he was the boyfriend of his step-daughter! The man also has a previous criminal history, three domestic violence charges and a DUI. Obviously he's not the stand-up citizen his family is trying to claim. If he only did it for his daughter, then why go after the boyfriend in a public place too? He's in jail where he belongs for committing murder. End of story.

He is NOT a hero! said...

I reported the page, stating the same reasons you just offered, as well as many of the comments calling for others to also take the law into their own hands. Of course Facebook reviewed it and said that it doesn't go against any of their rules. I hope that Facebook is found liable, at least partially, if anyone else visiting that page takes it upon themselves to do the same as their "hero" Jay did!

TjAlabama said...

Yes, I noticed that right away and that's why it was put there for everyone to see it that goes to the site, every time. Lies and deceit will not help Mr. Maynor. only God can help him now, not all those people that have liked the website or donated. They need to get real, get honest, and get on their knees. It's a terrible senseless tragedy for both sides of the families and I have prayed for them all.