10-8-17 California:
A registered sex offender is claiming the city’s residency restrictions are unconstitutional.
Martin Weiss filed a complaint for declaratory and injunctive relief on August 2 in the Central District Court of California. The 16-page complaint claims Claremont’s sex offender residency restrictions, which were adopted in January 2010, violate the Fourteenth Amendment and constitute banishment from the city. Mr. Weiss wants them declared null and void.
The city filed a response on September 29 seeking to dismiss the complaint with prejudice and demanding a jury trial.
The focus of the suit is Claremont municipal code title 9, chapter 9.82, which restricts sex offenders from residing within a “residential exclusion zone,” which means anywhere within 2,000 feet from a K-12 public or private school, park and/or child care center. According to the complaint, there is virtually no place for a sex offender registrant to live in Claremont, due to the city’s restrictions.
Additionally, the ordinance prohibits a registrant from “renting or otherwise occupying” a single-family home, multi-family home or a hotel anywhere in the city, if another registrant is also at the same dwelling, unless they’re related by blood, marriage or adoption.
“The exclusion zone basically says if you’re on a registry you can’t spend a single night in a hotel in Claremont,” Mr. Weiss’ attorney, Janice Bellucci, said in a phone interview. ..Continued..
October 8, 2017
City fights complaint over sex offender residency restrictions
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