SAN DIEGO (AP) — The city of San Diego will remove a law that restricted potential living locations for registered sex offenders who are no longer on parole for their crimes, according to a news report Thursday.
The Child Protection Act of 2008 prohibited all registered sex offenders regardless of parole status from living less than a half-mile from schools, parks, and other public places. A year after it was enacted, the city decided to no longer enforce the law, but it remained on the books, KNSD-TV reported.
Two unnamed men — both registered sex offenders — sued San Diego after the City Council voted in 2017 against removing the law from the municipal code. The suit alleged the law violated their constitutional rights. Attorneys for the men argued that state — not local — law should regulate where sex offenders who are on parole can live.
Late last year federal judge Cynthia Bashant ruled in favor of the two men and the city decided to settle. The settlement changes the law to only apply to those who are currently on parole for sex crimes, according to court documents obtained by KNSD. In addition, the city has agreed to pay attorney’s fees and court costs.