Pomona Moves Towards Partial Repeal of Sex Offender Ordinance

The Pomona City Council gave preliminary approval last week to repeal part of its 2008 sex offender ordinance regulating the movements of registered sex offenders.

The law, which was modeled after a similar ordinance in Long Beach, is the subject of a federal lawsuit filed by Grover Beach resident Frank Lindsey earlier this year.  Lindsey’s attorneys have argued that it violates both the state and federal constitutions and prevents sex offenders from being able to move into the city. That lawsuit is one of 11 similar lawsuits filed against cities in California.

The council’s decision affects the portion of the law regarding where sex offenders can be present, but does not change the portion regarding where they can live. A final vote on the matter is expected on July 7. 

Pomona City Attorney Andrew Jared said the council’s move makes Pomona’s law “consistent with state of California case law.”

In January, the state Court of Appeals invalidated the City of Irvine’s sex offender law on the basis that such local ordinances which restrict the movements of sex offenders are preempted by state law. The California Supreme Court declined to review that decision in April, rendering such local ordinances unenforceable. Since then, numerous cities have taken steps to scrap their sex offender ordinances.

Read more about the Pomona City Council’s decision here.