We have evidence that the eviction was Unlawful by breach of the rental agreement between [Properties Corp. Management] and ourselves in both written evidence and a voice recording between [Property Management] management and my wife. Use of prohibited information P.C. 290.46(j) we ask that you examine the evidence.

[Please see defense exhibit A.]

On Friday, January 28th, 2005 my wife and I were served with a 60-day Notice to Move Out of our residence at [undisclosed].

When we got the notice we asked the representative from [Properties Corp. Management] if he knew the reason we were being evicted the representative said he did not know. My wife said that I should talk to the managers to find out what they could tell us about the eviction.

I went to the on-site manager’s apartment and found [Property Management] home. [Property Management] said, “you don’t know about the flier?” She informed us of the fliers that were posted, with my picture, name, and offense on the front gate of the building and a stack on the mailbox. [Property Management] said the fliers were the reason we were being evicted, and suggested that the flier were posted by a particular tenant and pointed to an apartment. [Property Management] also explained that the tenant was moving out because of my offense.

[ Wife] advised me to call [Property Corp. Management] to find out what was going on.

Our representative at [Properties Corp. Management] did not want to discuss the particulars over the phone but offered an appointment to discuss the matter on Monday the 3rd of February, and would call us on Monday the 3rd to give us a time.

Finding 1999 WL 107539 Cal.A.G. subsection (c.) concerning the registry. “Any person who copies, distributes, discloses, or receives this record or information from it except as authorized by law is guilty of a misdemeanor.” And now knowing that I was being evicted for this reason, I began writing letters to law enforcement to advise them but hoped all would be OK on Monday.

[Please see defense exhibits B. 1.) 2.) 3.) 4.)]

On January 2nd, 2005, I talk to neighbors about what was being done. One asked if they could sign anything verifying the origin of the fliers, what they had seen, and verify that we are good neighbors. I designed the form for the neighbor to sign and asked others to do so to prove that there was no hidden agenda, that my neighbors knew openly about my offense prior to any public dissemination of information printed off the California Sex Offenders website and that I was not embarrassed to tell my neighbors about my past so [Properties Corp. Management] might reconsider.

[Please see defense exhibit C.]
I went by the police station and left a message and letter for [Officer] at the local Police department. The message concerned the fact that my wife and I were being evicted and the need to report this.

[Please see defense exhibits D.]

I then went back to our apartment and [Property Management] was at the mailbox. [Property Management] informed me that she could no longer discuss the matter with us. Their residence manager’s position was in jeopardy if any more information was discussed. I wrote a letter dated Feb 2nd 2005

[Please see defense exhibit E.]

On Monday morning, January 3rd, 2005, I waited for a call from [Properties Corp. Management] with no results. My wife suggested that I go to go to [Properties Corp. Management].
[Properties Corp. Management] informed me, “That they had been advised not to talk to me.”

I went to the police station and left a letter for [Officer], concerned the fact that we were being evicted and the need to report the crime against us, detailing we were being evicted because of the posting of the information, and our need to have someone come out to take a report and investigate the matter.

By this time, my wife and I were completely distressed having been in the same building for 3½ years, the onsite managers, who has watch our cats while we were out of town and even been asked by them to sweep the courtyard and water the plants of the building while they took trips to Florida, were now telling us they could not talk to us.

We needed to file a case somehow to protect our home. I had written a letter that I had given to [ Officer ] and decided to revise it and deliver it to the District Attorney’s office in hopes of getting a case filed.

The District Attorney was very kind to hear my concerns and told me that it was under advisement. That night I spoke to a friend in the building, who is an attorney and he told me that the District Attorney would not be as willing to get involved as the City Attorney would. He advised going and talking to the City Attorney’s Office.

On January 4th, 2005, I returned to the courthouse and spoke with a City Attorney in a courtroom. The City Attorney told me to submit the letter to the Office of the City Attorney. I went to the office and was told by the receptionist that they had knowledge of this and I could not submit the letter. I explained that the City Attorney had just told me to come to that office to submit the letter. The receptionists were adamant, so I left the building.


[Please see defense exhibits F.]
I went to the police station to talk to [Officer]. I explained again that we were being evicted from our home because of the public posting. [Officer] gave me a copy of an e-mail by City Attorney. In that information was a partial letter from Chief Assistant City Attorney that said, “If the harassment itself takes the form of a misdemeanor, the police will do whatever you all are supposed to do. If people who are not at risk are using the website, they could be civilly liable or subject to restraining orders.

I had not left anything out and explained that we were being evicted. Embarrassment was not an issue over the 20-year-old offense. I take my rehabilitation extremely seriously in my efforts to never give anyone any reason to doubt my actions or regard me as a threat.

[Please see Defense Exhibit G]

Entitled Megan’s Law Penalties for Misuse of Sex Offender Registrant Information.
sighting [(Pen. Code 290.46, subd. (h)(1).)]” my wife printed this for submission at her work.

[See attached defense exhibits H.]

A letter from the Assistant City Attorney of the City of [City] noting that “ it appears you may have a valid cause of action under Penal Code section 290.46” It also states the decision to prosecute a criminal case is based upon strict legal definitions.

[See attached defense exhibits I. Both Civil and Criminal.]

Unlawful Discrimination

To prevent unlawful discrimination.

1998, the California Legislature passed, SB 1989. At the bottom of our rental agreement, line 34 notes that the information is available to anyone including [Properties Corp. Management] from the time we signed the agreement. The flier could not have been a revelation to [Properties Corp. Management], and after 3½ years of tenancy with no late rent, no problems, no risk, to react to this information this way was beyond reason.

Subsection 290.4(j) states in relevant part:

A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. [Emphasis added]


Except as authorized under paragraph (1) or any other provision of the law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: [Emphasis added]

Health Insurance
Insurance
Loans
Credit
Employment
Education, scholarships or fellowships
Housing or accommodations [Emphasis added]
Benefits, privileges, or services provided by any business establishment.

The statute indicates that this subsection was intended to prohibit the use of the sex offender registry to discriminate against sex offenders with respect to any of the listed services including “housing or accommodations.” We argue that denying our rental based upon my being a sex offender is unlawful under this statute.

Discrimination in this regard by law is a misdemeanor. Denying housing by use of information on the website is prohibited.

I have been denied Due process of law. Not being granted the right to report the crime.

If a person is authorized to use information disclosed pursuant to this section only to protect a person at risk. [Emphasis added]

Who is it that is at risk? The definition of credible risk does not apply.

My offense was incest 23 years ago. Since my release over13 years ago, I have not nor do I have any inclination to re-offend. We have been living in the same residence for 3½ years. We have made many friends who live here, and we have and are proving that I have successfully moved on from my past. The American Psychological Association has found only a 13% average recidivism rate for sex offenses. In my case I have PDM, which diminishes my interest in sex immensely. Given my age, offence which dose not even qualify my being on the register and my extensive counseling my recidivism rate is less than 3% My openness to my offence and obvious disclosure proves I have put my past behind me.


My wife has never committed any crime. We are still in contact with friends who used to live in this complex who have since moved away and know of my offence. I live my life not to be a threat to anyone. My wife has never committed a crime, and now a crime has been committed against both of us.

The mere fact that a 60-day notice to move was served on January 28th prior to rent being due without specificity to the reason why we are being evicted, nor its appearance in the summons giving us a case sends a message [Properties Corp. Management] is discriminatory to sex offenders both civilly and criminally under these conditions. We had made every effort to work with management. That failed. We tried to get a case through what seemed to be the appropriate channels. That failed. We anguished spent a lot of money and time over this and due to our limited funds and knowledge of law or what to do; the only recourse we could come up with was for us to defend ourselves the best we could before you, your honor.

[Please see defense exhibits D.]

In our Rental Agreement, there are legal rights to our residence.

Line 15: Any changes are subject to laws in existence at the time of the Notice of Change of Terms.
Line 16: Where law requires just cause, such just cause shall be so stated on said notice.

[Properties Corp. Management] used an Unlawful Eviction by use of Prohibited Information, to evict us. [Properties Corp. Management] was aware of the information and used it contributing to the situation by the eviction through use of the prohibited information to commit Housing Discrimination, braking local ordinance and our rental agreement. The contribution of[Properties Corp. Management] created a situation where both [Properties Corp. Management] and the poster of the information printed off the California Sex Offenders website are liable. Had they had not used the information to commit Housing Discrimination both would not be liable.

Senate Public Safety Committee Analysis of SB 1780: Section J.

States that in the California code, all punishments are for the misuse of information or commission of a crime against the offender's privacy. These penalties are, in fact, stricter than those in Massachusetts, but they happen after the fact.

We ask for compensation for the misuse of information assessed by Megan’s Law appropriately for discrimination and exemplary damages and civil penalty, and our case be forwarded to criminal court to apprehend the instigator and perpetrator of this crime which brought the case to you. Including preventive relief, an application for injunction, restraining order, or other orders against the person(s) responsible for the misuse of Penal Code 290.46,subd. (j)(4)(B).) Being disabled, provided we are required to move we ask for relocation fees also.

It took six months to compile the information above without any legal assistance. The State of California was well aware of all actions. Included in the exhibits is an email to the Burbank California Attorneys Office from the State of California's Attorneys office.