Sex offenders can’t live near Fresno schools. This lawsuit says that’s unconstitutional
Fresno County’s policy that keeps sex offenders from living within 3,000 feet of places like parks and schools is unconstitutional, according to an attorney suing the county who has been successful at getting repeals in dozens of similar cases.
Fresno County joins 40 cities and localities that have faced litigation, many of which have repealed their restrictions on housing for offenders, according to attorney Janice Bellucci.
The Sacramento-based attorney is representing a man the court documents refer to as “John Doe.” Bellucci said the man lives within 90 miles of the county in an RV but wishes to move into Fresno County.
The Fresno County Board of Supervisors on Tuesday discussed the lawsuit in closed session but took no action on it, according to Jordan Scott, the county’s spokesperson. Officials declined to comment, citing the ongoing litigation.
Many sex offender laws require a 2,000-foot radius between housing and schools or parks, a standard derived from Jessica’s Law in 2006.
Bellucci said the 2,000-foot buffer is already unconstitutional, and Fresno’s ordinance goes beyond that. About 97% of Fresno County would be off limits for a sex offender looking for a home, according to the lawsuit.
“We are open to settling this case. Usually we’re seeking repeal and being compensated (for legal costs),” she said. “There’s no reason for the county to hold onto this.”
Localities like Santa Clarita, Lompoc and several cities in Los Angeles County have repealed their housing measures in recent years following litigation from Bellucci, who is the executive director of the Alliance for Constitutional Sex Offense Laws.
Law is a destabilizer, attorney argues
People who have been convicted of a sex crime aren’t likely to get sympathy from many residents, but Bellucci said allowing them to have housing is safer than pushing them out onto the street. “You’re going to take away shelter?” she said. “That makes them very unstable.”
The proximity of a sex offender’s home to schools and parks has little to do with whether they’ll offend again, according to a California Sex Offender Management Board report from 2011. It also argues that housing sex offenders is preferable to policies that make them homeless.
“The board believes that the rise in homelessness among sex offenders needs attention because it is so closely associated with an increased level of threat to community safety,” the state report says.
Fresno County’s ordinance paints every sex offender – from someone who exposed themselves in public to a repeat rapist – with the same brush. The restrictions on housing should be on a case-by-case basis, Bellucci said.
Bellucci declined to give John Doe’s age or the nature of the sexual offense of which he was convicted, citing his safety from potential vigilantes.
The case is set to be heard in Fresno County Superior Court on March 24.
This story was originally published January 21, 2020 at 2:00 PM.
