ACSOL sees Halloween Victory in Simi Valley California.
Good News for People on Simi Valley Sex Offender Registry
One month ago we posted that the Alliance for Constitutional Sex Offense Laws in California, filed a Federal Lawsuit against the City of Simi Valley, California, that barred registered sex offenders from opening their doors to trick-or-treaters, decorating their homes and requires they turn off their lights on Halloween.
Simi Valley throws out sex offender law regarding Halloween
Last night, the Simi Valley City Council voted to throw out the ordinance, realizing they would not be able to win the case.
It’s a significant victory for individuals in the city who were prohibited from celebrating the holiday with their families for the past five years.
It is also notable that in the five years the law had been in effect, nobody was arrested, cited or prosecuted for violating it.
Why is all this stuff happening in areas OTHER than Florida? What is it going to take for us to get Federal lawsuits going over here???
Please read our site. You will see that we have a couple of federal lawsuits pending in Florida.
Baby steps is the way to go! Dismantle piece by piece!
In Florida, if police officers or other public servants harass you with demands that are NOT mandated by statute, and threaten you with consequences (arrest, public humiliation, etc.) if you do not comply, it may constitute the felony crime of extortion (a/k/a blackmail), and there appears to be no exemption in the statute for police officers or other government employees. Extortion describes a threat made in order to take another person’s money or property, OR to compel another person “to act or not act”. The threat must be sufficient to overcome the VICTIM’S FREE WILL. Perform your own due diligence.
Reference:
836.05 Threats; extortion.—Whoever, either VERBALLY or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or REPUTATION of another, or maliciously threatens to EXPOSE ANOTHER TO DISGRACE, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, OR WITH INTENT TO COMPEL THE PERSON SO THREATENED, or any other person, TO DO ANY ACT OR REFRAIN FROM DOING ANY ACT AGAINST HIS OR HER WILL, shall be guilty of a FELONY of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A small victory to return a fragment of normalcy to some families.
Is there something like this here in florida? That restriction and the intent to remove it? Havent had anyone tell me or warn me.
Some Counties and Cities have ordinances. For example, below is Duval/Jacksonville’s. Note the horrible part about putting up a sign. If registrants up there want to pool funds and bring a lawsuit, we will help coordinate, but if it’s not something that affects a majority of registrants in FL, it’s not something we can allocate FAC funds to. We have other challenges that impact all, 365 days a year, which are our bigger fish to fry.
Sec. 685.104. – Prohibited Activities for Sexual Offenders and Sexual Predators; Exceptions.
(a) Prohibitions and requirements for Sexual Offenders and Sexual Predators; Exemption.
(1)It is unlawful for any Sexual Offender or Sexual Predator to participate in any practice or event, including, but not limited to, any event related to a nationally or locally recognized holiday or seasonal event, if such practice or event is primarily targeted toward non-familial children.
(2)It is unlawful for any Sexual Offender or Sexual Predator to wear costumes, clothing, make-up, mask or anything that would alter a person’s appearance in the presence of any non-familial child if such altered appearance could or would entice, attract or lure a child to congregate around, or move closer to, that person.
(3)Any person designated a Sexual Offender or Sexual Predator shall:
(i)Avoid all Halloween related contact with children;
(ii)From 6:00 a.m. to 11:59 p.m., on October 31 (or any other day on which Halloween is celebrated) post a sign at his or her residence, including a vessel, or vehicle, stating, “No candy or treats here.” Such signs shall be in letters at least two inches high and shall be legible on the property leased, rented, owned or occupied by the Sexual Offender or Sexual Predator, and clearly visible from the street, waterway, or any property that is open to public access. The signs may be removed after 11:59 p.m. on October 31, or the day on which Halloween is celebrated.
(iii)Except for lighting provided on a year-round basis by the owner or manager of a multi-family residential unit for the purpose of security or walkway or hallway illumination, leave all outside residential lighting off during the evening hours after 5:00 p.m. on October 31 (or any other day on which Halloween is celebrated).
(iv)Not place or allow any display, including but not limited to displays for any nationally or locally recognized holiday or seasonal event or practice, to be visible from the exterior of any Sexual Offender’s or Sexual Predator’s residence, including a vehicle or vessel, or on any property which is leased, rented, owned or occupied by such person, if such display is primarily targeted to entice, attract, or lure a child onto any residence or property, or onto or nearer to any vehicle or vessel rented, owned or occupied by such person. Enforcement of this section shall not be limited to the actual calendar date of any given nationally or locally recognized holiday or seasonal event or practice.
Just read St John County’s http://www.sjccoc.us/MinRec/OrdinanceBooks/2009/ORD2009-43.pdf
That one’s a doozy! You can get jail time for not putting up a sign on your home! Look at all the disproven “findings” in their preambles. This one would be great to challenge.
My goodness that cites the outdated and disproven offender recidivism literature as case study!!!! Unreal how anecdotal information from no. Legalor san tioned sources can make its way into law…..
Doesnt seem volusia has many unless youre under supervision.