Federal Judge Enjoins Enforcement of Sex Offender Premises Restriction
Posted on Dec. 17, 2015, 12:51 pm by Jamie Markham • 3 comments
A federal judge has permanently enjoined all North Carolina district attorneys from enforcing G.S. 14-208.18(a)(3), the law intended to prohibit certain sex offenders from being at places where minors gather for regularly scheduled educational, recreational, or social programs. Full Article
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Can’t go to Church ? wow. Not even Jesus turned anybody away.
” can’t be 300 feet of a fast food place with a play area attached to it ”
Thank goodness fast food chains like Mcdonalds got rid of their play areas in order to convert and compete with the likes of restaurants like Chilis, TGI Fridays, Olive Garden, and such places. The only thing they have now left that is for kids is the Happy Meal(for now).
Why aren’t they suing on the grounds that these presence restrictions are punishment ?! That it takes away their freedom to travel ?
Just suing on them being vague will do nothing but have lawmakers detail each place they cannot be. Which doesn’t solve the bigger issue – these laws are unconstitutional !
Sometime back, I joked registered citizens might not be able to visit malls or drive. If these keeps up, it’s not too far off. This is almost unbelievable. People are now banned from travelling, visiting church, working/I’m sure some people work at fast food restaurants and so on. These laws are out of control
Thats right I dont know if these lawyers are afraid to go after the real issues at the heart of the statues or if they are just to ignorant to articulate a good argument for these issues such as the following….
Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) violate my constitutionally protected liberty interests by infringing on my freedom of movement and my freedom of association which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
(3) The sex offender registration and notification laws violate my right to freedom of movement and freedom of association by severely curtailing my ability to travel both interstate and intrastate and also international travel. With all the different state laws and local ordinances that are in place and the constant introduction of new legislation in the different states and the constantly changing local ordinances in thousands of cities and counties across the country, it makes it virtually impossible for me to travel or visit anywhere in this country without a very real fear and potential for violating one of these laws or ordinances. It is virtually impossible for a person of average intelligence to research, assimilate and abide by all the different state laws and local ordinances that apply to registered sex offenders across the country. I can not visit family or friends without extensive research of local ordinances and state laws and even after extensive research I still fear I could have missed one of these laws or ordinances. I can not attend meetings or protest that occur in places that prohibit registered sex offenders from being present. The laws effectively bar me from attending higher education institutions simply because there are day care centers on most college campuses therefor curtailing my ability to obtain a higher education. The punishments for violating one of these laws or ordinances are severe. The registration and notification laws makes it virtually impossible for me to travel to a multitude of major countries in the world as they are notified by our government of my registration status so therefore I am denied entry. These are not hypothetical situations and are not minor inconveniences of registration but are major violations of my constitutional rights to liberty. These violations will continue to cause me irreparable damage as long as I am subjected to these registration and notification laws.
What I do not understand is they love to say it is not punishment but many of us would not have agreed to a plea if all these restrictions were in place back in the day, I know for a fact that I would have not, we had the freedom to still travel out of the country etc. Every single day it seems more restrictions are placed on us, we have to fight harder.