An advocacy group has filed a lawsuit against Fresno County, contesting a newly enacted ordinance that limits the number of registered sex offenders allowed to reside at a single location. The Alliance for Constitutional Sex Offense Laws, Inc. (ACSOL) initiated the lawsuit on January 26, 2025, in the Fresno County Superior Court, arguing that the ordinance, adopted by the Board of Supervisors on January 6, 2025, violates the California Constitution and oversteps local government authority.
Janice Bellucci, attorney for the plaintiffs and executive director of ACSOL, stated, “This county ordinance is preempted by state law. It is clear that if there is a state law regarding a certain topic, local governments cannot pass a different kind of law.” The ordinance, which is set to take effect on January 29, 2025, aims to regulate the housing of registered offenders in unincorporated areas of the county.
Details of the Ordinance and Community Response
The ordinance stipulates that a single-family home housing a registered sex offender may accommodate no more than six beds, irrespective of whether all are occupied by registrants. Exceptions are made for individuals living with relatives. Violations of the ordinance could result in misdemeanor charges and fines ranging from $10,000 for a first offense to $50,000 for a third offense.
Supervisor Garry Bredefeld, a supporter of the measure, expressed confidence in the ordinance’s legal standing. He remarked, “We are absolutely confident the ordinance is legally defensible and constitutional.” Bredefeld noted that the decision to create this enforcement mechanism followed complaints from residents, particularly those living near a facility in the Old Fig Garden neighborhood.
As of January 24, 2025, five offenders listed on the Megan’s Law website resided in one home in the affected area, with another in an adjacent property, both managed by the Centers for Living. Bredefeld emphasized the Board’s commitment to ensuring community safety and security.
Implications for Registered Offenders
The lawsuit argues that the penalties associated with the ordinance could lead to homelessness for many registered offenders. Bellucci described the consequences as “draconian” and contended that the ordinance could force transitional living homes to cease operations, leaving many without shelter. The lawsuit includes three unnamed plaintiffs who could potentially become homeless if the ordinance remains in effect.
“People who are required to register are human beings who need a place to live. They need shelter,” Bellucci stated. She highlighted that many individuals are reluctant to live near sex offenders due to misinformation about re-offense rates, which Bellucci noted are “extremely low.”
In response to public statements made by Bredefeld regarding the rehabilitation of sex offenders, Bellucci critiqued his position, indicating that it promotes misunderstanding. “It’s unfortunate that he’s spreading misinformation to the public,” she said.
The Fresno County Sheriff’s Department, led by Sheriff John Zanoni, is also named as a defendant in the case. A case management conference is scheduled for July 1, 2025, under Judge Maria G. Diaz. Bellucci confirmed that she will not seek an injunction prior to this hearing.
This legal challenge highlights the ongoing debate around the housing of registered sex offenders and the balance between community safety and individual rights in California. The outcome of this lawsuit could set a significant precedent for similar ordinances across the state and beyond.
