see also: Sex Offender Says Making Him Post Warning Signs on Halloween Violates His Rights10-15-15 California:
UPDATED 10-26: HALLOWEEN SEX OFFENDER LAW HEARING TO BE HELD OCT 26 (Press Release)
California’s “Operation Boo,” the state Corrections Department program that requires registered sex offenders to post signs on their front doors on Halloween, is being challenged in court.
The suit was filed by an advocacy group called California Reform Sex Offender Laws, which argues that Operation Boo makes registered sex offenders “sitting ducks” for predators.
“There are zero reported sexual assaults of children while trick-or-treating in California – zero,” says attorney Janice Bellucci, the group’s president, who's seeking a temporary restraining order before this year’s Halloween. ”So as far as we can tell, this is a solution without a problem.”
Bellucci says the state is applying the sign requirement to all sex offenders – even those whose victims weren’t children, and even if their crimes weren’t recent. The plaintiff in the suit is a registered San Diego County sex offender who committed his offense against an adult 30 years ago. He’s on parole now for a drug conviction.
The Corrections Department says it has yet to be served with the suit and therefore has no comment. ..Source.. by Ben Adler
CDCR Lawsuit Expanded, TRO Hearing Set October 26
A lawsuit challenging CDCR’s requirement that registered citizens post signs on the front door of their residences on Halloween has been expanded to include an individual in Los Angeles. Similar to the original plaintiff in the case who lives in San Diego County, the man in L.A. was told by his parole officer that he must post a sign on the front door of his home.
“Both plaintiffs believe their lives will be in danger if they post a sign on the front door of their homes,” stated CA RSOL president Janice Bellucci. “They also fear that members of their family could be harmed.”
The lawsuit, as amended on Oct. 19, alleges that CDCR is levying the sign requirement against registered citizens on parole as a blanket restriction regardless of when they were convicted, whether their offense involved a minor and their risk of re-offense. According to Dr. Karl Hanson, a PhD psychologist who has conducted re-offense research for decades, an individual convicted of a sex offense is very unlikely to commit another offense if he has not done so within 17 years.
“We have recently learned that in the recent past CDCR required registered citizens who were homeless to post Halloween signs on their sleeping bags, tents, vehicles and hotel rooms,” stated Bellucci.
According to PhD sociologist and author Emily Horowitz, “There is no research that sex offenses increase on Halloween, no evidence that sex offenders target children on Halloween and, in fact, no evidence that a child has ever been a victim of sexual abuse by a stranger while out trick-or-treating.”
An application for a Temporary Restraining Order (TRO) was filed in this case on Oct. 15. CDCR must respond to the TRO application by Oct. 21 and the plaintiffs may reply to that response on Oct. 22. A hearing on the TRO application is scheduled in San Diego for Oct. 26. by CA-RSOL
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