Hours after California voters approved a ballot measure authorizing a crackdown on sex offenders, a federal judge Wednesday blocked enforcement of a controversial provision limiting where ex-offenders may live.
The order by U.S. District Judge Susan Illston in San Francisco means that implementation of a key portion of Proposition 83, which captured 70% of the vote, will be on hold until its constitutionality is resolved by the courts. A hearing is scheduled later this month.
The initiative prohibits registered sex offenders from living within 2,000 feet of a school or park. In a lawsuit Wednesday, attorneys said that constitutes a new penalty imposed on ex-convicts years after they have been punished for their crime. The measure also is unconstitutional on due process grounds, the lawyers argue, because it would force offenders from their homes without notice.
The suit was filed on behalf of an anonymous plaintiff whose case was resolved long ago and who has lived in the same community for 20 years. The Bay Area man was allowed by the court to file the lawsuit as "John Doe" to protect his safety.
In granting the temporary restraining order, the judge said "John Doe" has been "a law-abiding and productive member of his community" since his conviction and would suffer "irreparable harm" if forced to comply with Proposition 83. His lawyers, Illston said, probably will prevail in challenging the initiative as unconstitutional.
"We're gratified that the court has found that there's a substantial likelihood that we'll prevail on our claims," attorney Michael Romano said.
The court's action drew a sharp reply from the office of Republican Gov. Arnold Schwarzenegger, a passionate supporter of the initiative dubbed Jessica's Law by proponents.
Schwarzenegger's legal affairs secretary, Andrea Lynn Hoch, said the administration would vigorously fight the lawsuit so "implementation of this vital measure can go forward to protect Californians against the lewd acts of convicted felons."
Sponsors of Proposition 83 were more sanguine. They said they never intended for the residency rule to be applied retroactively, to the 85,000 registered sex offenders already living in the community, though the initiative's language does not make that clear.
Meanwhile, some registered sex offenders expressed relief that, at least for now, they need not worry about moving.
