Federal Lawsuit Challenges Sex Offender Bans in Parks of Four Orange County Cities
Pervs, Molesters and Creepers--Oh, My! DA Seeks Victims of Accused Pastor as County Parks Sex Offender Ban Sought
New York Times Discovers Perverts are Banned From Many Orange County Parks
Registered Sex Offenders Unite: Group Seeking Legislative Reform to Meet at Buena Park Church
To be clear, the lawsuit does not target Rackauckas, the Orange County District Attorney's office or the County of Orange, which in April 2011 became the first to adopt the ordinance written by the DA and Supervisor Shawn Nelson banning known perverts in county parks and recreational areas unless they first get permission from the sheriff's department, which has rarely granted such clearance.
Rackauckas, other members of his staff and Sheriff Sandra Hutchens have since lobbied other cities to enact their own bans, and many have complied, with Fountain Valley becoming the latest last week. Ironically, though T-Rack is off the hook, Hutchens is not, as she's named in the suit filed Sept. 28 in U.S. District Court because her agency patrols Lake Forest. The police chiefs of Costa Mesa, Huntington Beach and Seal Beach are also defendants.
The unnamed plaintiff claims he was convicted more than 15 years ago, served his sentence, received treatment and is now employed and married with children. The pervs-in-parks ban violates his 1st, 5th and 14th Amendment rights under the U.S. Constitution, his suit maintains.
By being prevented from entering the city parks--which is public land--he is being denied the rights to peaceably assemble, speak freely and petition the government, the suit further clarifies, while saying the way the laws are written he is denied fair hearings and judicial access. Violators of the city bans face fines and possible jail time.
His suit also states that since he long ago served his sentence, the bans subject him to additional punishment for the same crime, another constitutional violation.
At the time the county adopted its law, and while seeking the expansions into Orange County cities, the DA's office has maintained
Follow OC Weekly on Twitter @ocweekly or on Facebook!