OC Supervisors Approve Banning Sex Offenders From Parks, Beaches

An ordinance that bans registered sex offenders from some Orange County parks and beaches and imposes a $500 fine on violators was approved by county Supervisors Friday.

Under the law, registered sex offenders are banned from county recreational areas where children regularly gather. It covers any county-owned, leased, operated or maintained land, including harbors, beaches, parks or recreational areas.

Supervisor Shawn Nelson proposed the ordinance in response to one of his constituents complaining about a registered sex offender who inherited a home in Fullerton across from Laguna Lake Park.

Erin Runnion -- the mother of slain 5-year-old daughter Samantha Runnion, who was abducted, molested and strangled in 2002 -- urged the board to approve the ordinance.

"I want to support Supervisor Nelson's ordinance because the reality is when we look at recidivism rates, it's one of the most underreported crimes in the country," Runnion said, referring to child molestation. "I urge you to pass this ordinance to better protect our children."

Nelson assured critics of the law that it would not lead to "shakedowns" or "profiling" by sheriff's deputies at the county's parks.

"It is certainly a good ordinance. I don't know that anyone could say it better than (Erin Runnion)," Nelson said.

Without the law, Nelson said, registered sex offenders "could sit there and watch these children and the only prudent thing a mother or father, like me, could do would be to be forced out of the park."

Supervisor John Moorlach asked if there was a way for people to appeal the ban and worried about the constitutional issues in enforcing it.

Nelson and Orange County District Attorney Tony Rackauckas assured the supervisors the law is constitutionally sound. Nelson added people who work for the county who are registered sex offenders could apply for a waiver, but the constitution does not demand it.

"We don't have to give an exception, it's an accommodation," Nelson said. "It is constitutional to have no exceptions. The fact we're giving them one is more than is required."

County counsel Nicholas Crisos told the supervisors that while someone could sue over the law, county officials are confident they would prevail in court.

"Nick is saying if we get sued we'll probably win, but we're spending taxpayer dollars, not your personal dollars, so I hope you're right," Moorlach said.
NBC LA legal analyst Royal Oakes agreed.

"Measures like this usually are found constitutional," Oaks said "They're very popular with communities."

Oaks explained that as long as the restrictions are not too broad and the law was narrow enough in scope, it would likely survive any legal challenges. 

Anyone violating the law could face up to six months in jail and a $500 fine, Rackauckas said.