Legal action sways council in sex offender housing decision
Fullerton City Council unanimously voted to repeal a municipal code that imposed housing restrictions on child sex offenders.
“I took an oath to uphold the constitution of both the United States of America and the state of California. It’s clear to me, the way we have written this ordinance, it is unconstitutional, and in keeping with that oath, I have to take that action,” said Mayor Pro Tem Doug Chaffee.
Municipal code 7.150 was created to prohibit access of child sex offenders to areas where children regularly congregate, such as parks and daycares. The law says it is “intended to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with children.”
The repeal comes after a lawsuit filed by sex offender Frank Lindsay that the city faces due to this law.
James Touchstone, a lawyer advising the city, said Lindsay is attached to 18 different lawsuits, including one in Murrieta.
“(Murrieta’s) city ordinance, which is very similar to ours, is unconstitutional on its face,” Touchstone said.
Touchstone advised the council to repeal the law, citing cities that have fought similar cases and lost or chose to repeal the law.
Fullerton resident Barry Levinson said he and his wife “spearheaded this law” in 2010 when it was originally passed. When it was created, he said he worked with the city council to ensure the law was as specific as possible to avoid potential legality issues.
“With something like that, you would hope that there would have been people out in the hallway wanting to talk about it,” Levinson said. “I was the only person who even had a comment, which is sad.”
Although all council members voted to repeal the law, none said they wished to do so.
“This is disgusting obviously that the state courts have decided that communities cannot take further steps to protect its citizens, especially its children,” Council member Jennifer Fitzgerald said. “I take no pleasure in repealing this ordinance.”
No, what’s sad is that federal, state, county, and city “leaders” continue to pass laws which they know are unconstitutional, prima facie. They also know those of us affected by these so-called laws lack the financial ability to mount a challenge. That’s what’s sad; we have torched our constitution.