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Orange City Watch ~ A blog about the city of Orange

Citywide: Sex offenders barred from Halloween

February 9th, 2010, 6:33 pm · 14 Comments · posted by

A law prohibiting registered sex offenders in Orange from answering their doors to trick-or-treating children on Halloween was approved 5-0 by the City Council Tuesday night.

The law, if enacted as expected by a second council vote, would also:

• Require sex offenders to post a sign on their residences stating that no candy or treats are available on Halloween.

• Make sex offenders leave off all exterior lights of their homes during the Halloween evening.

• Keep sex offenders from decorating their residences with Halloween decorations.

Councilman Jon Dumitru said the law would apply to 66 of the 81 registered sex offenders living in Orange, because those 66 have offenses against minors.

“It came down to a simple thing: Halloween is child-driven event,” Dumitru said. “As children are walking with their parents on Halloween, they’re re not aware of sex offenders.”

Dumitru said the new law is a companion piece to one the Orange council passed in 2008. That law restricts how many registered sex offenders can live in a hotel and bans them from loitering near places where children gather.

The Halloween law is the first of its kind in Orange County, Dumitru said.

“Once again, the city of Orange will lead the way in protecting children in the county,” the councilman said.

The penalties for violating the law are up to a $1,000 fine and/or up to a year in jail, according to a city staff report.

City Attorney David DeBerry said there are other cities across the country, as well as the California Department of Corrections and Rehabilitation, that have similar laws regarding Halloween and registered sex offenders. The Department of Corrections law affects parolees in the state.

Contact the writer: 714-704-3704 or efields@ocregister.com

To see more news stories about Orange, go the OrangeCityWatch.com, a Register Web site on the town.

Posted in: Citywide
 
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 14 Comments

  • Grunt41 says:

    When one is required to be a registered sex offender, especially if the offense involves children, it should be a part of the terms of being a sex offender that participation in Halloween is not allowed.

    I applaud Orange for doing this, but they should not of had to. It should be state law.

  • CarmaDogma says:

    Gosh, this would be an awesome new law if sex offenders were all a bunch of old, hairy hermits just living by themelves.

    I think some kind of mandatory round-up at the city jail would be a much better approach because you’ll know exactly where they are.

    Just out of curiosity, what does that mean for Halloween at the house with kids whose older brother is a sex offender or maybe a parent who was. Halloween is a day for kids and it sure seems like it ruins it for them not to mention stigmatizing them for something their dad or brother did (or mother or sister, not to be gender biased here!)

    I’m also curious… how many halloween “incidents” involving sex offenders have there been that they felt this action was necessary? If the answer is NONE, then why the heck does it take 4 traffic fatalities to get a traffic signal put up at an intersection?

    How many citations or arrests have been made for violations of the predator-free zone law since enacted 2 years ago?

    • dc says:

      I applaud your post…how many grandstand laws are enacted so that petty pols can “look good” for the press and local voters ? These laws are unneeded and devert attention away real problems like homelessness and unemployment. And as you state so well- many sex offenders are older brothers and fathers… unfortunately they go unpunished.

  • ripskipperjudd says:

    Oh great. So now just because I’m cheap and don’t want to hand out candy, my neighbors are all going to think I’m a perv.

    • mini mr. t says:

      That’s the same thing I was thinking: I skip Halloween for religious reasons, so now I have the choice of violating my faith and celebrating a holiday with satanic overtones, or risking the ire of my neighbors when I don’t participate in the great candy giveaway.

      One positive note though, if you’ve got a neighbor who you don’t like, all you have to do is put one of those “no candy or treats are available on Halloween” signs on their house, and they’ll probably end up moving out of the neighborhood by Christmas.

  • Rob says:

    Good job Orange! When is the ACLU going to jump all over this?

  • zeb says:

    CarmaDogma,

    You, or someone in your household must be a sex offender, only reason you’d defend such sickness!

    • CarmaDogma says:

      Was I “defending such sickness?” Perhaps you should read my post again. If I were a sex offender I’d be a rich man after suing the city. This stuff just slips its way on the books because the second someone asks questions someone will come along in a McCarthyist manner and say you must be a sex offender or be close to someone who is.

      All I did is stop and think “what does this mean”.. Well yes I know we’ll feel better knowing our kids will avoid a sex offender’s house. A quick peek at Meganslaw.gov will tell me which house to avoid at no cost. I take my kids out trick or treating, I don’t let them out by themselves. Becaue the reality is you can put all the signs you want in their yard and they can still get in their car and go somewhere and snatch up a child. (See my original post for a practical Halloween solution to that, although might also experience difficulty passing constitutional muster)

      What ELSE does it mean for the city?
      What about the family that resides at that same location?
      What about neighbors whose properties are already devalued because a sex offender moved next door?
      What about homeowners associations who have strict CC&Rs either forbidding signs in yards or requiring that they conform to strict guidelines?
      Who pays for these signs? The city? Do they collect them afterward or buy them every year?

      If questions like these were unanswered in the analysis prior to a vote, then the city attorney should be fired and the council members should be the ones required to pay any and all court costs to defend it.

      And again – Orange passed a predator-free zone law. How many arrests have been made? Do you think sex offenders magically stopped entering these zones? The law’s only good if you’re going to enforce it.

  • IndyMan says:

    If this law passes I can just see EVERY home with decorations and lights and giving out candy just so the busy bodies of the neighborhoods don’t pass around gossip that “so and so” didn’t have his lights on, “did you notice?” Great for the candy industry!

  • mini mr. t says:

    Why stop at sex offenders … how about banning murderers and kidnappers from Halloween too?

    Why stop at Halloween? Why not ban them all from putting up Christmas decorations or attending Easter egg hunts too. And while we’re at it, ban anyone who’s ever caused a serious automobile accident from ever owning a car or driving.

    Seriously though, I can appreciate the city council’s motivation, but as sick as sex offenders are, this poorly thought-out ordinance is just a lawsuit waiting for a lawyer to take it to court. Doesn’t Orange have any other dangerous, tangible problems like gangs, violent crimes and illegal immigrants to focus their efforts on?

  • thisstinks says:

    I agree with this law and think it should be State law as well, however, if parents are with their children as they go door-to-door, this shouldn’t be a concern. Parents, don’t let your kids go off by themselves up to a strangers door, PERIOD. Stand behind them and watch, because you don’t know if you’re going to a perv’s door, or any criminals door for that matter.

  • IndyMan says:

    What parent is going to allow their 7 year old kid to go out trick or treating by themselves? What a stupid grandstanding waste of time this pseudo law is. Do these politicians really believe that a predator is going to set up a Halloween trap to snatch a kid while the Mom or Dad is right behind them?

  • DanGarion says:

    I suggest they have to sew a scarlet letter “P” on all their articles of clothing…

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