.
Feedback

Will City's Repeal of Sex Offender Ban Start Trend?

Amid legal challenges, Lake Forest decides its law to keep sex offenders out of parks would cost too much to defend in court. Other cities may follow suit.

Lake Forest became the first Orange County city to repeal its ban on sex offenders in parks Tuesday, a move closely watched by community leaders around the county.

Citing the high cost of defending the measure in court, the Lake Forest City Council ended its ban on sex offenders in city parks. Cities such as Mission Viejo, Seal Beach, Fountain Valley, Los Alamitos and Laguna Niguel have similar bans that could be subject to legal challenges by convicted sex offenders. San Juan Capistrano discussed and ultimately rejected a ban out of liability and legal concerns.

It would cost at least $200,000 to defend the law on constitutional grounds, said City Attorney Scott C. Smith. And that's only if the city won, a prospect that seems increasingly questionable. Losing could add penalty costs, including paying the legal fees of the sex offenders who challenge the ban. 

The city knew it had a legal battle on its hands when the law passed unanimously last December, said Susan Kang Schroeder, chief of staff for the Orange County district attorney's office.

"When we were here last year, we told them we would be sued," she said.

Mayor Kathryn McCullough asked if the D.A. would pay the city's legal costs if opponents made good on a promise to sue. 

The question set off an argument between her and D.A. Tony Rackauckas. Read a transcript of that argument here.

Rackauckas said neither he nor the county could be expected to pay the city's fees.

One activist lawyer said she had two clients ready to sue the city if the repeal did not go forward.

"If that ordinance is not repealed, that lawsuit will be filed," said Janice Bellucci, state organizer with California Reform Sex Offender Laws.

Bellucci said only 1.9 percent of California's sex offenders are arrested again for sex crimes. "They are people who have already been in prison, already paid their debt to society," she said.

"They are people who have already been in prison, already paid their debt to society," she said.

Lake Forest resident Mary Axelrod said the ban was needed to protect the city's children from molestation.

"This is a sickness, and the only way to stop this is for them to stay away and avoid the temptation, which is going into a group of children," she said. "I would think the safety of the children would outweigh lawsuits because the people come first in all occasions."

Robert Curtis, a Lake Forest hairdresser convicted 12 years ago of a misdemeanor sex crime, said the ban keeps him from watching over his son in city parks.

Rackauckas said he was unsure if the city's repeal would be repeated around the county, saying "it's pretty hard to call." Currently about half of Orange County's cities have enacted similar laws.

A county law along the same lines is no longer being enforced following the overturned conviction of Hugo Godinez.

Keeping the law on the books but not enforcing it would still leave Lake Forest with "some vulnerability" to lawsuits, Smith said.

The council tentatively reversed the measure on a 4-0 vote with one abstention. The reversal will return later for final approval.

TELL US WHAT YOU THINK IN THE COMMENTS

Should cities defend the ban despite the risk of court challenges?

Newsletter & Alerts

Get the best stories each day and important breaking news

Subscribe

Not from Mission Viejo Patch? Find your Local Patch »

Ronda Swank December 5, 2012 at 10:54 am
Sex Offenders are a group of individuals that are bundled into one group with varies crimes. The COURTS have given them their sentence snd for some those have been carried out. Mary Axelrod needs to do her research because her statement is false and her statement and concerns proves the reason why wrong people are making wrong laws based on fear not facts. NOT EVERY SEX OFFENDER IS OUT TO MOLEST CHILDREN in your parks. Drunk drivers, and drug dealers are a higher risk to your kids. Everyone deserves a second chance.
Dan Avery December 5, 2012 at 02:17 pm
Wow, never would have seen this one coming....
Uncle Tony and Aunt Cathy are a bigger risk to your kids. Who the heck do you think the vast majority of molesters are? Tony Rackauckas scurried around Orange County pressing for these laws to be passed. He should be the one to pay if there are suits. We can add Cathy Schlicht to that list here in MV. After all, if she's rich enough to fund her own council races she should be able to afford it. And the law here was solely her idea, or so she claimed. If our council is smart they will repeal.
Joker Joe December 5, 2012 at 02:58 pm
How about a park for ONLY sex offenders?
That way they cannot say they were discriminated against!!
Charles December 5, 2012 at 03:08 pm
Which has to have separate smoking and non smoking areas and one section for sex offenders with peanut allergies.
Becky Mangan December 5, 2012 at 03:21 pm
I was just saying the same thing. It's a shame that you are labeled a sex offender for being 18 and having a 17 year old boyfriend or girlfriend or for pissing in an alley. I blame the government for lumping these offenders together. You can be labeled a sex offender for pissing in an alley or for committing a sexually violent act on a small child. Shame on the govt for having all these people and "monsters" in the same category. Everyone does not deserve a second chance. I have to disagree there. If they are in fact sex offenders for the reason of violating someone sexually then there is no hope for them. Being a pedophile or rapist is a sickness that can't be treated with therapy or medication or punishment. I'd say everyone else deserves another chance, maybe more than a second one. The thing is, how can we risk our kids when we don't know which offenders committed a violating sexual act or not. Allowing them all at parks is a risk. The law needs to be changed regarding what a sex offender is. That way a guy that peed in an alley can still go to the park, but a sexually violating person could not.
Becky Mangan December 5, 2012 at 03:24 pm
I do agree strongly that most molesters are family members or family friends. This is why most offenders don't get turned in. Family doesn't like to give up family. It is a bad sickness.
Becky Mangan December 5, 2012 at 03:26 pm
Without pedophilia and bad parents there'd be no sex industry. The government goes easy on them because the sex industry is a money making industry. Money before children makes America a very sad culture.
Shripathi Kamath December 5, 2012 at 03:27 pm
It might be appropriate, Mr. Editor, to print the response of the city council member on this issue during the city council debate conducted by Patch.
"I supported it because the people of Mission Viejo wanted it. I understand that it might be unconstitutional, and we'll deal with it if it so turns out" was the gist of the response. a. was there really a citizen's demand for this feel-safe ban that was the essential handiwork of just one member? Were there as many people who demanded it as the ones who wanted a dog park? Did we debate it as long as we did the dog park? The others likely went along because no one wants to look as if they want sex offenses (no one does) in their city. b. shouldn't a council member be supposed to be doing what's best for the city *legally* as well as responsibly? If tomorrow, the people of Mission Viejo want all bipolar adults over 27 to be quarantined, would we take the same stance? That is, "I realize it could be unconstitutional, but the people wanted it" It is the silliness of this faux measures for safety that lead to basically unenforceable laws, which end up costing the taxpayers for outrage. Sex crimes are horrific, no one wants them, but using SPF 50 makes no difference on preventing them. Please, city council, repeal this, before it costs us. We get it, you want our residents to be safe from sexual predators and really really care. This is not the way to go about it
Shripathi Kamath December 5, 2012 at 03:29 pm
That is an even dumber idea that this ordinance. Because it is just as unconstitutional as this one, and costs even more money.
Dan Avery December 5, 2012 at 05:59 pm
Um, actually Becky, the portion of the sex industry that caters to pedophiles is extremely small. The "sex industry" has been around since we used rocks as money.
Dan Avery December 5, 2012 at 06:00 pm
Nicely argued, Shri.
Jerry Crisp December 5, 2012 at 10:32 pm
More stupid remarks from Avery--as usual !
KC December 6, 2012 at 12:38 am
Considering that it was right before an election year (or was it this year?) it looked really good on the campaign mailers. It's not surprising that south OC will sacrifice freedom for the illusion of security, as long as it makes them feel good.
Chris McLaughlin December 6, 2012 at 10:01 am
I always thought these parks ban laws were stupid. Well-intended, sure, but if you took any time to think about it, I would think anyone reasonable should quickly realize they're unconstitutional, hard to enforce, and therefore very bad (read: expensive) public policy.
The one we have in RSM is so toothless it'll probably stand, since the City of RSM doesn't own the parks and the private corporation that does realizes they don't want to be on the hook to defend it in court, so they're not enforcing/endorsing it. I guess we'll have to keep being responsible parents and actively supervising our young children at the park, instead of being deluded into thinking they're 'safe' at the park and don't need to be supervised... One meaningful reform of sex offender laws I would like to see is a better explanation or way to look up what your neighbors on the Megan's Law website have actually done to deserve to be a registered sex offender. Right now they usually have listed some cryptically-named offense like 'lewd or lascivious acts with a minor under 14 years of age'. There's no case number or anyway to look up what I would think would be public record as far as what they actually did, which I think would be helpful for parents who want to better gauge for themselves how dangerous the RSOs living next to them are, and whether they should run away when they see them or just not be friends with them.
Dan Avery December 6, 2012 at 03:07 pm
KC,
To put it simply Cathy Schlicht needed an actual accomplishment rather than just negativity, lies, and roundabouts that erase Churches... But you're right about people's readiness to flush their liberties and it's not just south county. Witness the Patriot Act...
Dan Avery December 6, 2012 at 03:07 pm
We could just tattoo a huge scarlet letter on their forehead, Chris.
Chris McLaughlin December 7, 2012 at 02:00 am
Or we could put them on full-time GPS-enabled house arrest with exclusions zones for schools and parks and the library and make them pay for it as a privilege of not being incarcerated.
I really don't like the idea of paying for these criminals housing and feeding, and I don't think execution is warranted, but if they're going to be considered an increased danger to the public after being released from prison, extra measures that they pay for but doesn't require us to fence off the parks and put ugly signage at the playgrounds about sex offenders is a better option. That guy in Lake Forest who was stalking that kid at the grocery store until her Mom found him on Megan's Law and turned him in definitely needed some extra monitoring. The RSM library guy probably shouldn't have been allowed near the library or anywhere kids usually gather with his criminal history, but categorically banning a whole class of people because of the ones who really need it is unnecessary (and un-Constitutional) in this day and age. If there was a way to find out more about the RSO's on Megan's Law and see what they've done that supposedly warrants them as such an extreme threat to everyone that many think they still should be locked up would help further the debate in a constructive way...
Dan Avery December 7, 2012 at 03:36 pm
Better yet, how about we redefine sex-offender more narrowly to an adult who has molested a child. Something along those lines. And then do a bunch of actual research on what makes an adult molest a child. Then, maybe, we'll begin to know how to actually address this particular problem.
It has never sat right with me the way we say that someone has paid their debt to society. We clearly don't mean that, and it doesn't matter what the person's crime was. We aren't very honest, our society. Not by a long shot. And it's pretty clear the problems we have are not going away no matter how many people we lock up. The social problems we have will stay entrenched until we get honest with ourselves about the causes and more appropriate ways to deal with each problem.
Shripathi Kamath December 7, 2012 at 03:43 pm
Yeah, what Avery said.
Article I, Section 9 of the Constitution makes this clear: No Bill of Attainder or ex post facto Law shall be passed. (See, now you get to find out what "Attainder" means. Your curiosity has been piqued such that at least a "I already knew that" is warranted) The punishment we as a society seek for one incident is often directly proportional to the rage caused by another incident.
Chris McLaughlin December 7, 2012 at 09:40 pm
Good point, Dan. I think we're getting somewhere. I thought about it, as far as the known Registered Sex Offenders in our area, and how worried I should be about them molesting my kids. It's really just the known molesters that I'm worried about, ones who've attacked girls, not boys (since I only have daughters), and it seems the one-size-fits-all classification of 'Registered Sex Offender' is way too broad and induces way too much non-specific fear in the community. It's like, "Here's this person who's committed a horrible crime, and is now being released from prison, and we'll let you know that much, but not many details about what they did."
They love to quote recidivism (sp?) statistics, but they won't let Joe Citizen know if their neighbor had just a one-time incident, or was thought to be a serial criminal who was finally caught, or attacked a relative versus a stranger off the street, or what their exact mode of attack was. Why isn't all of that available to the public? It would be very useful to people living near Registered Sex Offenders!! Who's hiding that information? Who thinks that should be privileged information due to some warped sense of protecting criminals' right to privacy about the crimes they've committed?? Funny you should mention the Scarlet Letter, but if you're a convicted molester, you've lost all right to live in society and pretend you're not a monster. You want to start over with a clean slate?? Emigrate outside the U.S...
vahall December 8, 2012 at 03:00 am
Chris McLaughlin, no other offenders are on a registry, and they could easily be living next door to you. That info is just not out there. A habitual drunk driver (they reoffend at something like an 80% rate) could be your neighbor, and that's really unsafe for your daughters. Could be fatal to you as well. Do we forbid convicted drunk drivers from driving? From going to bars, liquor stores, restaurants, supermarkets, other homes where alcohol is served? People can kill behind the wheel of a car, and many have. They're still driving. Convicted felons, off probation/parole, DO get their Constitutional rights back. The protections of the Constitution and the Bill of Rights inure to all citizens, even the ones you don't like. With over 100,000 registered sex offenders in CA, and the number growing every day...Maybe it is you who should consider emigrating.
Dan Avery December 8, 2012 at 07:53 pm
Have you guys heard of alcoholism? It's a disease...
Chris McLaughlin December 8, 2012 at 09:19 pm
Umm, yeah, I'm pretty sure we do prevent repeat drunk drivers from driving, legally at least, by revoking their driver's license, and then if they keep driving anyway then they get arrested and incarcerated. The direction that's going in is to install a breathalyzer in their car that they need to be about to pass to start their car...
In case you didn't notice above, I started on my comments on this article by saying I thought these parks-ban laws for registered sex offenders are stupid. I don't think it should be illegal for every one of the RSOs to walk their dog in the park. For me, if their disease (HI Dan!) is so great that they are that much of a threat to children in the park (or anywhere else in public for that matter), then they should still be locked up, or monitored more than the rest of us, but on an individual basis based on their individual threat level. The case of the grocery-store stalker in Lake Forest who was identified on Megan's Law by the Mom and re-arrested is a textbook case of what the website was meant for, and it's effective, legal use. These parks-ban laws are too general, based on recidivism stats that are way lower than Drunk Drivers (you're right about that, BTW), and the perceived threat for a certain type of area and then is applied to a large class of people fairly arbitrarily. They're all going to be challenged in court and repealed by Court Order, probably...
Chris McLaughlin December 8, 2012 at 09:28 pm
I know where you're going with this, about registered sex offenders being sick individuals who need our help and compassion instead of punishment, but you'll have to argue that one with someone else. I realize society has to balance individual liberties with collective security/public safety, but dangerous individuals should receive the help they need while not being a continued threat to our kids, and there's better ways to do that than these parks-ban laws.
Seriously, look up the story on the Lake Forest grocery store creeper and tell me that guy shouldn't have still been locked up or with a GPS monitor on so they could bring him in faster after being ID'd on Megan's Law and make it harder for him to refute he hadn't been in the store(s) he was stalking that girl in at that time...
vahall December 19, 2012 at 10:25 pm
The first thing that needs to be said about laws like this is that they are a sham. There is no evidence.
linking park restrictions to a reduction in sex crimes, and no way that park restrictions will do anything about the bulk of the sex-offender problem, which is the abuse of children by relatives and other people they know. The laws are simplistic, emotion-based formulas that cloak politicians in an aura of decisiveness. while doing nothing to tackle a ferociously difficult problem. The second thing is that they are a dangerous waste of law-enforcement time and resources. Police departments are already obliged under a welter of federal and state laws to register and monitor sex. offenders. Prosecutors and sheriffs around the country have complained that adding park enforcement to their large and growing offender-management portfolios only hampers their ability to fight crime. The final and most important point is that park bans send offenders underground. You may imagine these men fearsome and creepy, but if communities systematically banish them, denying them the chance to find housing and to lead stable lives under close supervision, they end up doing the logical thing. They congregate in unincorporated poor areas. Or they disappear. The sickness your DA and his sidekick have is passing unnecesary, unconstitutional and ineffective laws turning sex offenders into unstable, rootless individuals, harder to track and arguably more dangerous.
Dan Avery December 20, 2012 at 03:01 pm
Well said. Especially the last sentence. The DA's "sidekick," as you've called Councilwoman Schlicht is as simplistic as this law. If you live in Mission Viejo you really need to become acquainted with her by visiting http://protectmissionviejo.com. Oh look, they decorated the site for the holidays!
Dan Avery December 20, 2012 at 03:07 pm
Actually, Chris, where I was going isn't where you think. What our society does with anything it doesn't understand is simply lock it up, or try to make it disappear. We are talking about sick individuals who have always been with us since the day we crawled out of the slime. We still don't have a clue as to what drives them. And we should. Understanding something like this wouldn't be that hard if we put our collective minds to the task and applied some common decent humanity as we studied the problem.
In other words, the "Scarlet Letter" approach you keep pitching doesn't work, it has never worked, and it will never work because it's simplistic, hollow and cruel.
Robert Curtis May 4, 2013 at 04:12 pm
I rarely see any arguments that are very strong to support the sex offender registry or these kind of laws. I believe it's because of the facts and common (not so common) sense. It's hard for a position to stand when the argument is based on what-if possibilities and emotions when reason and facts are in total opposition. TRUTH
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Greg Raths announced for Congress
Shripathi Kamath June 19, 2013 at 10:51 am
"As a Republican, he will go head to head with our current incumbant [sic]" Wait, areRead More there no other contenders? John Webb on the Republican side might run, and then there was that Irvine mayor Sukhee Kang fella, who finished second. The more the merrier. The more diversity in the views, even better. I would like to hear from contenders how they would vote differently on some of the votes the incumbents have cast. Because all too often we have "an independent minded Republican" or a "progressive reformer" or "Heck, I am BATMAN himself" only to have disappointing regurgitation of ideology of what should not be done ("low taxes", "freedom", "family values", "apple pie, motherhood"). Not what will be done. And until we have that, corporate monies shall determine our representative. I mean I can imagine Mr. Raths voting for the 45th time to repeal Obamacare, but seriously, which vote that John Campbell cast would be different if Mr. Raths were in office? If 90% of the positions are the same, it looks like a remarkable coincidence that an independent thinker is so like the incumbent, does it not? Mr. Raths did offer an 'independent' idea endorsing civil unions but not gay marriage. Cool. Is he going to sponsor a bill for civil unions? Or simply insist on enforcing DOMA because "sanctity of marriage", "religious liberty". How about H.R. 1797? How about the Gang of 8 bill on immigration if it passes the Senate and comes to the House? Will his vote be different than that of Mr. Campbell's? That is the key question. But again, I welcome Mr. Raths entry in the field, we need more variety, and if we cannot get that, we at least need more people willing to run. Good luck to you, sir.
Human Options' Cristi Dugger
Peter Schelden (Editor) June 19, 2013 at 09:29 am
Uncanny timing—this is especially poignant in light of this announcement:Read More http://alisoviejo.patch.com/groups/police-and-fire/p/elder-sexual-abuse-caregiver-suspect-arrested
M June 19, 2013 at 07:32 am
Anymore info on this place? When I looked online the only location is vista, ca
Dan Avery June 16, 2013 at 10:09 am
Tom Thumb you didn't read section 1021(b)(2) closely enough. It wouldn't apply to those arming theRead More rebels because of the word "suspicion." We know they are arming the rebels. See the difference. 1021(b)(2) only applies to those we "suspect" like you. Notice how the word "reasonable" doesn't appear anywhere near "suspicion"? Hmmmm wonder why that would be. Section 1021(b)(2) seems to be the modern day "suspicion of lurking with intent."
Tom Thumb June 16, 2013 at 02:31 pm
Shoot, I don't know about that. What we are hearing now is Obama/McCain are pushing to arm theRead More rebels who are supporting and are part of Al Qaeda: www.bbc.co.uk/news/world-middle-east-22095099
Shripathi Kamath June 16, 2013 at 03:02 pm
Hey Avery, I am totally stealing the "suspicion of lurking with intent" phrase. It mightRead More even flourish on reddit.