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Bill of attainder and ex post facto violations of federal law are also problematic whore a tenon-punitive" <br />or "regulatory" city ordinance, such as the proposed ordinance, is found to be actually punitive despite <br />stated legislative intent to the contrary as stated in Section 1, Paragraph J of the ordinance. The Santa <br />Ana City Council is on notice that these issues could be addressed in a constitutional challenge to the <br />proposed ordinance should it be enacted in its current form. <br />An ordinance that is not narrowy tailored can be construed as overly broad and struck down during <br />judicial review. In the proposed ordinance now under review, there is a blatant lack of balance <br />between the protection of public safety and the legitimate activities of a registered sex offender <br />protected by both the federal and state constitution. <br />For the reasons stated above, it would be prudent for the City Council of Santa Ana to delay a vote on <br />the proposed ordinance in order to additional time for City staff to identify, and the City Council to <br />consider, options that would result in a lawful ordinance not subject to judicial challenge. Given that the <br />City of Santa Ana has an existing "sex offender' ordinance and that no empirical data has been <br />presented that the city's children are In imminent danger, there is no reason for the City Council to <br />consider further the proposed ordinance at subsequent meetings. <br />Thank you for your attention to this important issue. Upon request, the California Reform Sex Offender <br />Laws organization is available to provide additional information to the City of Santa Ana on this issue. <br />Sincerely, <br />? . ?'?u. <br />ice M. Bellucci, President <br />California Reform Sex Offender Laws <br />Cc. Mayor Pro Tem Claudia Alvarez <br />Councilmember Vincent Sarmiento <br />Councilmember Michele Martinez <br />Councilmember Carlos Bustamente <br />Councilmember David Benavides <br />Councilmember Sal Tinajero <br />4