Does v. City of San Diego (S.D. Cal. 2019)

Does v. City of San Diego, No. 17-cv-1581 (S.D. Cal. 2019)

Nature of Case: Two plaintiffs, who were required to register as sex offenders under California state law, brought a lawsuit against the City of San Diego. Specifically, Plaintiffs alleged that San Diego’s residential banishment laws-which were more onerous and broader than state law-were preempted.

Holding: Federal District Court for the Southern District of California granted summary judgment for the Plaintiffs on the question of preemption. The California legislature intended to preempt the field with respect to residential banishment laws, and thus San Diego’s ordinance was void.