An advocacy group has initiated legal action against Fresno County following the passage of a controversial ordinance that limits the number of registered sex offenders permitted to reside at a single location. The lawsuit, filed on January 26, 2025, in Fresno County Superior Court, challenges the ordinance adopted by the Board of Supervisors on January 6, 2025, asserting that it violates the California Constitution and exceeds local government authority.
The plaintiff, the Alliance for Constitutional Sex Offense Laws, Inc. (ACSOL), argues that the ordinance is preempted by existing state law. According to Janice Bellucci, the plaintiffs’ attorney and executive director of ACSOL, “This county ordinance is preempted by state law. If there’s 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, establishes regulations that restrict a single-family home with a registered sex offender to a maximum of six beds, regardless of occupancy. There are exemptions for offenders living with relatives. Violations of the ordinance could result in misdemeanor charges, with fines escalating from $10,000 for a first offense to $50,000 for repeated violations.
Local Officials Defend the Ordinance
Support for the ordinance comes primarily from Supervisor Garry Bredefeld, who emphasized its necessity in response to community concerns. He stated, “We are absolutely confident the ordinance is legally defensible and constitutional.” Bredefeld, alongside Supervisor Brian Pacheco, proposed the ordinance after receiving complaints from residents, particularly those near a facility in the Old Fig Garden neighborhood.
As of the latest reports, there are currently five registered sex offenders residing in one house in the area, with another living next door, both managed by Centers for Living. Bredefeld expressed his commitment to ensuring community safety, asserting, “This is a board that will protect its citizens and do everything appropriate and legal to ensure the safety and security of our residents.”
Concerns Raised by Advocacy Group
Critics, including Bellucci, argue that the penalties outlined in the ordinance are excessively harsh and could lead to homelessness for many registrants. The lawsuit indicates that the regulations are designed to force transitional living homes to either discontinue their services, risking the welfare of many individuals, or face significant financial and legal repercussions.
Bellucci highlighted the human aspect of the issue, stating, “People who are required to register are human beings who need a place to live. They need shelter.” She further emphasized that the re-offense rates for registered sex offenders are “extremely low,” suggesting that public fears are largely unfounded.
The ordinance has sparked a broader debate on the treatment of sex offenders and the balance between community safety and the civil rights of individuals required to register. Bellucci criticized Bredefeld’s previous statements, where he suggested that sex offenders should be isolated or incarcerated, calling his views “uneducated” and detrimental to public understanding.
The Fresno County Sheriff, John Zanoni, is also named as a defendant in the lawsuit. A case management conference is scheduled for July 1, 2025, before Judge Maria G. Diaz. Bellucci has indicated that she will not seek an injunction prior to this hearing, allowing the ordinance to take effect while the legal proceedings unfold.
As the legal battle progresses, the implications of this ordinance could significantly impact the lives of many individuals within the Fresno County community, highlighting the ongoing tensions between legislation aimed at public safety and the rights of those affected by such laws.
