Law banning sex offenders from parks, beaches approved by O.C. supervisors

Orange County supervisors Tuesday approved a law significantly restricting the movements of registered sex offenders, banning them entering some beaches, parks and harbor areas.

The proposal marks a new frontier in a controversial series of laws across the country aimed at limiting where sex offenders can live and visit. Under the law, which was championed by Orange County Dist. Atty. Tony Rackauckas, sex offenders who enter designated public spaces without prior approval from county officials face six months in jail or a $500 fine.

Rackauckas and other supporters said the idea was to keep sex offenders away from children and families. "Parks do not belong to sexual deviants," Rackauckas said in a statement. "Parks belong to children who want to play there and parents who want to enjoy nature with their children."

But critics immediately expressed skepticism about the law, saying it would be difficult to enforce and appear politically motivated.

Franklin Zimring, a UC Berkeley law professor, said the law was overly broad and misdirected because more than 90% of sex crimes targeting children are committed not by strangers in a park but by family members or acquaintances.

“It’s trying to solve a problem nobody knows exists,” he said, adding that laws imposing restrictions on sex offenders were snowballing because they were politically popular.

 “Who’s going to lose votes being against child molestation?” he said.

Orange County’s ordinance would be the first legal move in California imposing restrictions on where sex offenders can be. Thus far, state law only restricts where they can live.

It covers some of region’s top attractions including the Orange County Zoo, Irvine Regional Park, Newport Harbor and Dana Point Harbor.

RELATED:

Orange County DA wants sex offenders banned from beaches, parks

-- Victoria Kim in Los Angeles and Sarah Peters in Santa Ana

Photo: Orange County Dist. Atty. Tony Rackauckas. Credit: Los Angeles Times

Comments

[SCtrojan90]

Hey Orange County, how do you like your big govt republicans now?

[WillIam]

It's about time. Everyone knows what those old perverts on all the OC piers, with their super zoom camera lenses, are really taking pictures of anyway. Good riddance

[Rick]

Parks beaches and harbors? Are you kidding me? He forgot Disneyworld! Or is that private property (full of children) they cannot regulate? Very politically motivated! I have yet to see a group of kids heading to their sailboat or speedboat to go out for a ride alone.

[matt]

Wow. Has everyone gone mad? These are people that have (sometimes more than) paid for their crime with jail and/or prison time, fines, and the humiliation of having to inform everyone any time they move. Now they aren't even free? Can't go where they please? Why even let them out of jail?

I'm not saying what they did wasn't wrong but I don't see how this can possibly be constitutional.

[Huh?]

"Parks belong to children who want to play there and parents who want to enjoy nature with their children."

I am a childless 20-something. Does this mean I'm not allowed to go to parks? Darn, I wish someone would have told me I wasn't allowed to enjoy public space!

[Common Sense]

Why stop with sex offenders? Why can't we ban all felons with violent pasts (e.g., assault, attempted murder, etc.) I would think that all violent felons pose a safety risk, and should be restricted from certain public spaces.

[Kresling]

Parks and beaches belong to citizens, period. This is a case of bullying and overreach by politicians trying to promote themselves.

[Anonymous]

All its gonna take is ONE tax-paying registered sex offender to file a lawsuit against this, and it will be OVER! I agree with Professor Zimmering's observation! God forbid the "family" sex offender is kept from the place that MOST SEX OFFENSES GET COMMITTED IN-THE HOME!

[UsuallyaSkeptic]

As a college aged woman who looks like a teenager, I seriously wish they'd enact ordinances/laws like this elsewhere as well. It's bad enough I get old pervs hitting on me in stores etc, but I can't even jog through the park in peace, or take my elementary aged siblings there without sickos gawking or trying to offer me things to "watch" them.

I understand that this can be seen as unconstitutional as it prohibits the right to happiness and free movement, but they gave that up the moment they committed a crime. When you commit a felony you lose your right to vote, if you molest a kid I think you should be banned from places where children frequent ( I mean they're banned from living by schools, why not parks?!).

It's like dangling a sausage in front of dog, that piece of meat can only sit there for so long before Bowser snaps at it!

[chuck]

I wish Mr. Rackauckas could have given us a description of what one looks like so we can make a citizens arrest.

[Jeff]

Hopefully this law will be struck down as unconstitutional, as it deprives them of their rights of association and freedom of movement.

As a parent, I'm certainly no fan of sex offenders, but if they've served their time and are released, then they are released. If they remain a danger to society then they should be incarcerated.

Not to mention the very nebulous definition of "sex offender". One can be on the registry for taking a quick whiz in an alley, and for that you're barred from parks, harbors and beaches FOR LIFE? Sounds a bit draconian to me.

[ergie]

The great thing is that now being "restricted by government" from using public lands those sex offender are entitled to a reduction in their taxes. And the State no longer can provide state funds for those parks where portions of the public are restricted when those restriction are not a state law or voter approved. Welcome to the loss of millions of dollars and another wasted millions for the litigation. As for most of the posts here, they are correct, these laws, like gun control laws, are political moves meant to placate the sheep of the public. The OC DA's office has been abusing the sex offender laws for years, making some college guy a registered sex offender for life for urinating in public when he was drunk is an abuse of the law and violates California "intent law" basis, but OC does it often or uses it as a threat to coerce a plea deal. Its time we repeal prosecutorial and judicial immunity.

[2bits]

Now I'm in favor of some punishments for sex offenders but this is going too far. Just what rights do they have as citizens now which without full rights they are no longer American citizens. Why not just deport them if your going to dehumanize them? Heck, Obama treats illegals better than Americans treat sex offenders. I hate them too but hey this is nuts.

[me.yahoo.com/a/cIOVYrMM2f3wlcH9uPBzn5YuaqXfUiI-]

Laws restricting sex offenders are stupid, as are sex offender registration laws. There are no murderer registration laws nor are there laws restricting where murderers can go. Why pick on sex offenders?

[David Reynolds]

Let me guess... We got elections coming up?

[Tahoe Skier]

You just have to see where this is headed: microchip all convicted sexual deviants with GPS tracking devices such as those from Digital Angel.

[Whiffed]

Leave it to Tony R to come up with a law that almost certainly will be challenged in court and likely overturned. As much as we want to keep areas safe for our children, the courts are going to find that children go anywhere, and so a law like this becomes so overly broad it can't be reasonably enforced. Tony should really work on doing a better job of enforcing the laws currently in place, without making up new stuff to advance his personal goals.

[Fabian]

Utter non sense. Because you did something doesn't mean you're going to do it again, first. Second, you pay your debt, you shouldn't be restricted in your movements in any way. Restriction of movement is like USSR and it seems that this country is going there, fast. Now, if the society is convinced that these people are un redeemable, it should take other measures, like chemical castration, to tame them. These half measures are not only unjust, they are useless and intrusive to all of us. Why, because it's going to happen where a cop is going to ask for your ID on the beach because you're looking at young people playing soccer.

[Lee]

I think we should make a law banning political hacks from public places, like city hall, the county administration offices, Washington, D.C., etc.

[Park McGraw]

What's next, you ban these individuals from the grocery store, life? These laws are going too far as there is no limit this sort of unchecked tyranny.

[justaguy]

Now if they would just ban embezzlers from banks and insurance companies, we would be better off.

[James Andrews]

The coastal commission will never allow this. You cannot cut off anyone's ability to access the coast, it is owned by all.

[SteveD]

Hey, it won't be long before any single male at park or beach becomes a suspect. That's ok though, as long as the hypocrite politician gains more votes. Wonder what's on his computer?

[arggg]

Common Sense needs common sense. So does Orange County.

[michael smith]

I'd like to ban all members of the GOP from every spawning offspring.