Alvarez-Glasman & Colvin is pleased to announce that it has successfully defeated an attempt by six convicted sex offenders to obtain a preliminary injunction against the City of Pico Rivera’s Sex Offender Ordinance. This is the first time a California court has considered the legality of a local agency’s ordinance adopted under the authority of Jessica’s Law, and constitutes a critical legal victory in the City’s efforts to strengthen the protections for children, families, and neighborhoods.
Among other things, the City of Pico Rivera’s Sex Offender Ordinance prohibits two or more registered sex offender from living together in a single-family home. Drafted by the attorneys at Alvarez-Glasman & Colvin, and adopted by the City in May this year, the Sex Offender Ordinance is intended to make neighborhoods safer for children and families by stopping the establishment of “sex offender sites” – houses, hotels, and motels which can serve as “dumping grounds” for registered sex offenders.
The Sex Offender Ordinance was challenged on numerous grounds, including an assertion that the Ordinance violated the U.S. Constitution by imposing “ex post facto” punishment on the sex offenders (i.e., new punishment which did not exist at the time the sex offenders were originally sentenced or paroled). On August 26, 2009, Judge Raul Sahagun of the Los Angeles County Superior Court soundly rejected these claims, finding that it was unlikely that the sex offenders would prevail on their assertions at trial.
This ruling is a substantial victory for local agencies which seek to enhance public safety by strengthening the protections against sex offenders.
Regulation of sex offenders is a highly technical matter, involving the interplay of federal, state, and local law, along with numerous constitutional concerns. As part of our commitment to public safety law and law enforcement support, Alvarez-Glasman & Colvin has helped establish and fought to preserve legal tools that protect California’s communities. Should your agency be interested in learning more about the unique challenges posed by sex offender regulation in California, please contact Matthew M. Gorman by phone at (562) 699-5500, or by e-mail at mgorman@agclawfirm.com.
