In April, the California Supreme Court declined to review a lower court ruling invalidating local laws that restrict the movements of registered sex offenders. Since then, some 75 municipalities have scrapped their local sex offender ordinances in an effort to avoid costly lawsuits. But at least one city is refusing to go down without a fight.
In a unanimous vote Tuesday, the Carson City Council directed staff to begin a push for state legislation which would allow municipalities to enact local laws restricting sex offenders’ movements. In particular, Carson wants to maintain an ordinance prohibiting them from coming within 300 feet of identified “child-safety zones,” including daycare centers, libraries, playgrounds, and school bus stops. These restrictions go beyond those specified in state law and have already been deemed void by the courts. Carson, however, refuses to budge.
“We have to go to war,” said Council Member Lula Davis-Holmes. “And, when we step out, we want (other cities) to join us in this fight because this is going to be a big fight. We want to keep this at the forefront.”
The city council has rejected a $3,000 settlement which would have altered the city’s code to end a lawsuit brought by registered sex offender, Frank Lindsay. Lindsay has filed suit against numerous cities, including Carson.
Lindsay’s attorney, Janice Belluci, says the city is making a big mistake. She vowed to re-invoke the lawsuit and file a breach-of-contract suit since the council rejected the recent settlement.
“Considering the fact that the state Supreme Court already refused to review this (issue of whether cities deserve more say in this) in April, I think it’s nothing more than wishful thinking,” Bellucci said. “The city of Carson should feel embarrassed at this point in time because, the fact is, they aren’t serving their constituents now and the constituents are going to be paying a lot more money than if we had settled.”
Council Member Albert Robles said the council is willing to take that risk for the sake of the city’s children.
Read more about Tuesday’s vote here.