Sex offenders on parole will not have to post a sign on the front door of their home on Halloween.
A compromise was reached Monday afternoon between the state's Department of Corrections and Rehabilitation and a group that challenged the requirement.
10News was in court as state attorneys decided the sign requirement would not be enforced, prompting the plaintiffs to rescind its temporary restraining order request.
Earlier this month, the group California Reform Sex Offender Laws and a sex offender on parole filed a lawsuit in San Diego federal court that contested the CDCR's requirement.
Janice Bellucci, attorney for the plaintiffs, said, "CDCR's requirement that all parolees post a sign on the front door of their residence violates the First Amendment because it compels speech ... The sign requirement also places in significant danger the lives of sex offenders and those with whom they reside."
According to CDCR, the sign requirement is part of "Operation Boo," which the department conducts every year at Halloween. "Operation Boo" has the stated purpose of protecting children as they trick or treat.
"The sex offender plaintiff in this case was convicted of a single sex offense before 1985 that did not involve a child," Bellucci said. "The plaintiff has not committed or been convicted of a sex offense for the past 30 years and yet CDCR is requiring him to post a sign on the front door of his home. This is a solution without a problem."
Bellucci said CDCR's sign requirement is based on "myth" not facts.
"The facts are there are no reports in California of a sexual assault upon a child who goes trick or treating," Bellucci said.
10News learned the plaintiff's lawsuit is still pending despite Monday's decision. ..Source.. by City News Service
CDCR Withdraws Halloween Sign Requirement Statewide
The California Department of Corrections and Rehabilitation (CDCR) today announced in federal district court its decision to withdraw a statewide requirement that sex offender parolees post a sign on the front door of their residences on Halloween. Immediately following that announcement, CA RSOL withdrew its request for a Temporary Restraining Order (TRO).
“This is a significant victory for more than 10,000 registered citizens and their families,” stated CA RSOL president Janice Bellucci. “They are no longer faced with the risk of significant injury.”
CA RSOL and plaintiff John Doe were represented in court by three attorneys — Janice Bellucci, Chance Oberstein and Alex Landon — who are also members of the CA RSOL board of directors. CDCR was represented by an attorney from the Office of the Attorney General as well as a representative of CDCR.
The plaintiffs in the case alleged that CDCR’s sign requirement violated the First Amendment to the U.S. Constitution because it was speech compelled by a government agency. CDCR levied the Halloween sign requirement for the past seven years, even requiring homeless registered citizens to post signs on their sleeping bags, tents and vehicles.
“We are grateful to plaintiff John Doe who showed up, stood up and spoke up,” stated Oberstein. “Without him, we could not have filed this lawsuit.” by CA RSOL
Federal judge rules sex offenders do not have to post ‘no trick-or-treating’ sign
AN DIEGO - A Chula Vista sex offender along with his attorney, sued the California Department of Corrections Sex Offender Program "Operation Boo". Specifically a mandate to post a sign that reads “We do not participate in trick or treating” saying the requirement is unconstitutional and makes the parolee a target. On Monday a Federal judge agreed.
Halloween is around the corne and the Bledsoe family says it is a fun time to dress up and go door to door looking for candy.
“A little penguin and she wasn’t born yet…” Said mother of two Ashley Bledsoe.
But while they are thinking about the goodies and costumes, law enforcement is concerned about preventing the real life monsters from taking part in the annual trick or treat tradition.
For that reason, The California Department Of Corrections has had its long running Halloween safety sex offender program called “Operation Boo”. The
Bledsoe family say it’s a great program.
“Absolutely, I think the more information you have the better you can safeguard your children,” said Ashley Bledsoe.
But attorney and activist, Janice Bellucci along with her colleague attorney Chance Oberstein challenged one of the program’s requirements.
Both say the CDCR’s program is fine overall, but they object to the sign requirement which they argue is unconstitutional and puts the parolee in danger. On Monday a federal judge agreed with them. “It makes them sitting ducks really.” Said Bellucci.
Bellucci filed the suit after she says her client, a registered sex offender in Chula Vista, was told to post a flier on his home on Halloween saying, "We do not participate in trick or treating."
“Of all days during the year to put a sign on the door, this is when people are normally out creating mischief but sometimes it gets worse than mischief. It gets more dangerous than mischief. So unfortunately we’ve had registered citizens who’ve been murdered for no other reason because they’re on the sex offender registry.” Said the founder of California Reform Sex Offender Laws, Janice Bellucci.
According to the "Operation Boo" website, requirements for sex offender parolees include a 5 p.m. to 5 a.m. curfew on Halloween. Their lights must be off so they don't attract children, and they can’t put up decorations or even open their door except to law enforcement. However, the site makes no mention of having to post the sign.
But the Bledsoes disagree saying the judge’s decision is not in anyone’s best interest. Brian Bledsoe who is the father of two girls is upset at what he calls the sex offenders victory. “I mean you have to protect your children, and if that makes you a target you shouldn’t have committed the crime to start with. I mean you’re on the list for a reason.”
The judges decision leaves all the other requirements of Operation Boo in place but puts a temporary restraining order on the Department of Corrections so they can’t levy the sign requirement on any registered citizen this Halloween.
FOX 5 reached out to the department of corrections and did not get a response. by Maria Arcega-Dunn
