The U.S. District Court judge presiding over our challenge to the International Megan’s Law (IML) has dismissed that case with prejudice. As a result of her decision, the case is over and the complaint cannot be amended as we had requested.
The judge’s decision is a setback, but our challenge to the IML is not over.
The fact is we are currently reviewing our options which include, but are not limited to, whether to appeal the judge’s decision or to file a new lawsuit in a different jurisdiction. We have up to 60 days to decide whether or not to appeal and we have an unlimited amount of time to decide whether to file a new lawsuit.
There is no doubt. The judge’s decision is a setback. For in her decision, the judge not only determined that the lawsuit was premature and that our plaintiffs lacked standing, she also determined that our claims were not valid. That is one judge’s opinion and there are many more judges who may have a different opinion.
As we weigh our options, the most important thing to remember is that every civil rights movement has its setbacks. In fact, there is no civil rights movement that has ultimately crossed the finish line and declared victory without first suffering a series of defeats.
For example, the civil rights activists advocating in support of same-sex marriage won an important court victory in Hawaii in 1993 only to have constitutional amendments passed in more than 30 states that outlawed those marriages. That movement struggled for more than 20 years before it declared victory when the U.S. Supreme Court decided in 2015 that same-sex marriages are valid.
As we move toward our finish line, we need to remember that it is the power of citizen activists, such as those involved in our civil rights movement, that ultimately change constitutional law. As author and law professor David Cole stated in his book, “Engines of Liberty”, sustained advocacy by groups of citizens usually over many years and in a wide array of venues is required to make those changes to the constitution.
Be an engine of liberty. Attend a monthly meeting. Write letters and make phone calls. Join us when we lobby in Sacramento early next year. Make a donation to our worthy cause.
And when you are ready, Show up – Stand up – Speak up.
— by Janice Bellucci
Read all of Janice’s Journal
The judge also pointed out the weak spots in the case, so hopefully there are ways to shore that up for the next time.
The biggest hole, is where it was pointed out that notices have been sent for years and would still be sent even if the identifier were not on the passport. The greatest effort needs to be in finding a way to challenge notices being sent without the offenders awareness or ability to be heard until after it is too late.
The next judge needs to be made aware of the fact that it’s a big contradiction when previous notices were claimed to only target countries where child sex tourism was a high risk and only go to that countries border enforcement, VS the identifier that embarrases and risks the lives at every border, bank, hotel, rental car, and even restaurants.
Go team Janice!
As I think about it, I am hoping Janice doesn’t appeal since we should be close to the identifier being revealed and it being quite “RIPE”.
A new filing would also allow cleaning up the original filing to address holes and allow extra plaintiffs.
Obviously, the judges in this circuit are the least likely to see our side, so if it is possible to file somewhere more friendly that would be best. Is Janice able to practice anywhere else or would she just be consulting with other attorneys in another circuit? I am interested how that works.
Related, what is happening with the petition that was filed regarding the bogus State Dept rule that was published?
Very intriguing. I would sit back and discuss this with peers. Sometimes reflection can help. I do have a few questions. I plead over 20 years ago to a misdemeanor now expunged/summary probation/massage parlor. Will this new law only affect those convicted of child related offenses? Also. Are those convicted of adult related offenses being prohibited from visiting Canada? Mexico? Philippines? Please don’t respond unless you really know. Thanks
Keep up the good fight, Janice. Thank you for all you’ve done.
Persistent water moves mountains, Thank you Janice and team.
Laws such as MLI force a “false perception” of registrants on the world. Every registrant is not involved in child sex-trafficking. Every registrant has not committed a contact offense.
We need to file and refile as many lawsuits as it takes to change the “thinking” of judges, to educate them regarding the false perception they’ve been fed all these years regarding registrants.
Keep fighting Janice, we all need you!
I know that Janice poured so much effort and money into the IML Challenge, and I can’t stress enough about how disturbing it was to read that the Challenge was simply summarily rejected with prejudice. It would also appear that the Judge made the extra effort with her 45+ page Opinion to shut down any attempts to challenge IML in the future.
What I’m reading from Janice’s commentary is that this could take 20 years to successfully challenge IML, just like the Civil Rights Movement took more than 20 years to be successful. I’m not sure if I want to stick around that long to “see what happens”.
Has there been a successful legal challenge to the special identifier for RCs on the driver’s license showing it to be illegal? What about specific license plates? This could be a foothold on what it could take to do away with the passport identifier.
There are many states, e.g. DE, LA, FL, OK, TN & AL to name a few, where RCs have special driver licenses (DL) which are the same as a passport, used for identification. It looks like CA was considering to have a DL like this at one time.
I am not sure if there are any states with specific RC license plates, from what I can see at least, but it too would fall under the identifier issue. If no specific license plates, what is holding them back, e.g. harassment, etc? Could that be used a foothold of reasoning into why identifiers are not good?
If there has not been any successful challenges (yet), is there any knowledge of cases filed challenging the identifiers on the driver’s licenses?
Just thinking out loud for a possible success in a similar identification area.
As I read your statements about civil rights and social justice, I’m reminded of something that I’ve recently come to understand.
There are many people with which I do not agree when it comes to their causes. Nevertheless, their tactics and plans are no doubt effective. Things that we once thought of as illegal are now legal. I think it would behoove us all to take a look at the strategies used by these groups and copy them for our own uses since they have already proven effective. Simply because there is a Democrat or a Republican in the White House shouldn’t perplex us. There is always something that can be used to help propel and further our cause, regardless. It is up to us to find those “bits” that we can use to make our voices heard. Pay attention to the community planners, take note, and follow their examples.
FYI for everyone as it relates to passport renewal – my passport just expired, sent in the renewal last week under the expedited function. Took our good old government three days to cash my check, but then again I have my new passport in my hands within eight days . No unique identifier at this time. I’m almost impressed on how quickly they issued it .
Just a thought for discussion and review. Can the ACLU or NYCLU be approached to help? Any background?
I know the NYCLU are still interested in an offender being named and coming forward to challenge the E-stop law.
Hey, why don’t you demand equal justice by having them stamp the passports of all those businessmen, who have profited off the child sweat shops and factory fire traps, with a big red CHILD EXPLOITER. It is only fair to give other countries this information so they have the choice to deny these monsters entry. They can do that. It’s legal now if the intent is good, but selecting out just one despised group is not fair. No, no. And, if it saves just a few thousand extra children, well… more the better. Wouldn’t our government, hall monitor to the world, be remiss if they didn’t warn the world of our terrible citizenry. Oh yes, they can care less, it is the droans they fear.
By the way, we are now at stage 6, “Preparation,” in the 8 stages of genocide…
http://www.genocidewatch.org/images/8StagesBriefingpaper.pdf