Frank Lindsay, Kirk Clymer v. City of Long Beach, and Does 1 through 10, inclusive
Published: May 7, 2016 | Result Date: Apr. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-00804-JFW-AS Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Janice M. Bellucci
(Law Offices of Janice M. Bellucci)
Defendant
Monte H. Machit
(Office of the Long Beach City Attorney)
John C. Parkin
(Office of the Long Beach City Attorney)
Facts
Plaintiffs were individuals required to register as sex offenders under California law. They challenged Title 9, Section 9.66, of the City of Long Beach Municipal Code as unconstitutional. The ordinance prohibited sex offenders "from becoming a permanent or temporary resident in any residential exclusion zone."
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the ordinance, on its face and as applied, violated the Fifth and Fourteenth Amendments to the United States Constitution; the Ex Post Facto Clause of the United States Constitution; Article 1, Section 7 of the California constitution; Article XI, Section 7 of the California constitution; and was unconstitutionally vague and overbroad.
DEFENDANT'S CONTENTIONS:
The City of Long Beach denied plaintiffs' material allegations and asserted various affirmative defenses.
Result
The court dismissed the action with prejudice after the parties failed to file a Joint Rule 26(f) Report.
Other Information
FILING DATE: Feb. 4, 2016.
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