The news just keeps on coming! As detailed previously, there was a second challenge to California’s Proposition 83 pending. Well, there’s finally a ruling and a federal judge has ruled that the plaintiff – John Doe – does not have standing to challenge it. The ruling is based on the concession by all that the Proposition is not retroactive and therefore it does not apply to John Doe.
The voter initiative, known as the Sexual Predator Punishment and Control Act, expanded previous restrictions and bars registered sex offenders from living within 2,000 feet of a school or park.
Lawyers for John Doe had argued the measure would prevent registered sex offenders from living in “virtually every residential neighborhood in every city in California” as well as many suburban areas.
John Doe, who pleaded guilty to a sex offense more than 20 years ago and served three months in confinement, said he feared the law would force him to move from his home, in an unidentified Bay Area community. He argued that would violate a constitutional ban on laws that retroactively increase punishments for a crime.
But White wrote that since all parties in the case now agree that the law doesn’t apply retroactively, John Doe has no standing to challenge the measure.
This opinion, however, did nothing to decide the constitutionality of the proposition as applied to those convicted after it was enacted. That will have to wait for another day as there is yet another case pending in Sacramento.
The opinion is not yet available – except via Pacer and I don’t have access to that yet – so when it does become available on the Circuit Court website, I will link to it here.