FRESNO COUNTY, Calif. (FOX26) — Three registered sex offenders in Fresno are now suing the county over a new law that limits how many registrants can live in one single-family home.
This law, which took effect on Friday, prohibits more than 6 registered sex offenders from living under one roof.
In a lawsuit challenging the law, they claim it conflicts with state law.
“We ask that the court issue a judgment declaring that this ordinance is preempted by state law and violates the state constitution. And, you know, eventually we believe we will be successful. We’re not requesting a temporary restraining order at this time,” said Attorney Janice Bellucci who is defending the three registered sex offenders.
She says as of Friday, the law has not been enforced, but once it is:
“If they choose to enforce it, then we can, and they may very well file a second lawsuit,” said Bellucci.
Residents have raised concerns about clusters of offenders living near homes, schools, and churches in unincorporated areas such as Fig Garden.
The ordinance imposes several restrictions, including:
Prohibiting a property owner or responsible party from allowing more than 6 registered sex offenders to live in a single-family home, limiting such homes to no more than 6 beds, and preventing more than six unrelated people from living together in a single-family dwelling occupied by one or more registered sex offenders.
“We expect them to comply, and we expect them to monitor the people they have in there,” said Fresno County Supervisor Garry Bredefeld.
The lawsuit alleges the board’s ordinance violates a sex offender’s right to live, work, assemble, and move about the state.
One Fresno County resident, identified as John Doe in the complaint, is a registered sex offender who was homeless before finding housing in a transitional facility.
The lawsuit claims this new county ordinance could force him and others out of housing and back onto the streets.
The county, however– standing firm, saying this ordinance is about public safety.
“They’ve initiated very serious penalties if they continue to do this, and they know we are very serious about it. That’s why they got his advocacy group for sex offenders to file a lawsuit, but it will not intimidate us. It is legal, it is constitutional, and it will be done. We will protect our residents no matter what threats or lawsuits come our way,” said Bredefeld.
The first hearing is set for July.
For now, any person violating the ordinance may face a fine of 1 thousand dollars or jail for up to six months.