El Dorado Co. poised to repeal sex offender ordinance Tuesday
An ordinance prompted by a Pollock Pines Pedophile is about to be repealed by the Board of Supervisors after being challenged in federal court by a Pollock Pines pedophile.
Three and a half years ago local publisher and political consultant Cris Alarcon became aware of Kevin Hurtado's criminal past and the declaration by three psychologist that he was a pedophile previously convicted of sex with Minor boys. Soon after this, Alarcon learned that Hurtado had offered to assist with a local group of boy scouts. This resulted in an outcry in the area and new rules in some civic organizations.
This also resulted in Alarcon pushing for a new ordinance in El Dorado County patterned off of a new ordinance that he had been reporting on that was established by Orange County Dist. Atty. Tony Rackauckas in 2011. Rackauckas, along with county Supervisor Shawn Nelson, worked together to ban registered sex offenders from county parks, beaches and other areas where children play. Rackauckas began pushing the law in early 2011 and the county ban went into effect May 5, 2011.
Critics argue the Orange County ordinance, inspired by a city of Fullerton ordinance to prohibit sex offenders from loitering within 300 feet of parks, schools and daycare centers, is overly broad and will be unable to survive legal challenges.
Late in 2011 and early 2012, Alarcon and his wife began shopping the idea of a similar ordinance to local leaders including Assemblywoman Beth Gaines, Sheriff John D'Agostini, Superintendent of Schools Vicky Barber, and Supervisor Candidate Cathy Nerwinski. Although Nerwinski did not win election, the idea took legs and was soon being championed by El Dorado County DA, Vern Pierson.
Understanding the complexities of the ordinance being written in a manner that would survive legal challenges, Alarcon discussed some issues with Dr. Vicki Barber, but ultimately, DA Vern Pierson wrote the ordinance in a manner that he thought would survive challenge.
Soon after the ordinance was passed, it was challenged. In a news story from News 10 describes the "John Doe" complainant as a 48 year old registered sex offender in Pollock Pines. The complaint is filed in Federal Court and claims a denial of the sex offender's civil rights.
In an recent interview, DA Pierson seem to admit that the ordinance is too loose, but he vows to recommend a new ordinance with tighter specifications.
Whether or not the current ordinance would survive a court challenge may never be known if the Board of Supervisors repeals the ordinance today rather then fighting it in court. This would be a normal recommendation for the county's counsel to save money. Many believe that the goal of the county's counsel is to limit risk, not to set legal precedents.
One thing is clear, local advocates like Alarcon will not let this be the final word. "I will not give any quarters to people that I believe are predatory sex offenders that are preying on our children" sald Alarcon. He added, "I was born in Santa Rosa and grew up in South Tahoe, so the stories like Polly Klaas and Jaycee Dugard hit close to home and force me to do everything I can to protect our youth."
See News 10 Video report here: http://www.news10.net/video/default.aspx?bctid=3020728101001
Kevin Hurtado: http://www.tahoedailytribune.com/article/19990429/NEWS/104291111
Orange County Dist. Atty. Tony Rackauckas; http://www.ocregister.com/tag/totalbuzz/sex-offenders
El Dorado Confidential: What Connection does Psycho DA Vern Pierson Have to a Confirmed Sex Offender? (CONTENT WARNING) http://www.rightondaily.com/2014/01/el-dorado-confidential-what-connecti...