General Comments July 2017

Comments that are not specific to a certain post should go here, for the month of July 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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Here’s a Stanford Law Review article about Bills of Attainder. It has some dry spots, but also has some good rationale and citations (case law, Federalist Papers, etc).

http://www.stanfordlawreview.org/wp-content/uploads/sites/3/2011/05/Dick-63-Stan-L-Rev-1177.pdf

The Stanford author also makes reference to some work by a gentlemman named Akhil Reed Amar. Here’s that link (I have yet to read this paper):

http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1901&context=fss_papers

Can anyone comment on whether a misdemeanor 647.6 would be listed on the web with the tiered bill? I’ve read it multiple times and can’t figure it out. A single misdemeanor of 647.6 is listed as a tier one offense. However, under the tier two Internet listing, it mentions 647.6. It reads as though it’s all 647.6 convictions. The only thing I’m not certain of is because it reads as though it could be interpreted as though you must be a tier two and have a 647.6 conviction to be listed. Has anyone got confirmation on this or more clear on it than I am? Thanks.

There is an article in today’s Los Angeles Times about federal law on housing discrimination, and while they were not talking specifically about registrants, it certainly appears that as federal law and regulations for all intents and purposes bar housing discrimination against all people with a criminal record, that would apply to sex offenders. While the article was talking about policies or actions by condo home owners associations for renting or selling, as well as other landlords, as it explained the law, it would seem it would reach to any state or local laws that limit where registrants can live.

http://www.latimes.com/search/dispatcher.front?Query=Donie+Vanitzian&target=all&spell=on

Why in all these years that we have been complaining about this housing discrimination against registrants have I never heard of this argument?! HUD has established a three-prong test that virtually no housing provider can meet in order to justify the discrimination. Why have these residency restrictions not been challenged on the basis of failing to meet that three-prong test? I note, the story even specifically states that you can not justify them on the basis of stereotypes — and I need not explain that word any further here, we all know we suffer that.

This is another reason why even the new name of this group, and any such focus, is greatly misguided, as the Constitution is not the only thing that matters. And this federal law and regulation is an example of other things we can use (as well as just plain common decency, regardless of law!) Laws against us are NOT OK simply because they might meet Constitutional muster.

As i stated previously. I would come back and give you guys an update of me being able to Cruise with Royal Caribbean Cruise lines. They accepted me to go finally. If any one who is going to cruise, I believe that you can cruise anywhere but Mexico and Canada. Its the recieving port that will turn you away instead of the Cruise lines if it doesnt allow registrants. It appears that the Cruise lines are turning us down, however, If the port doesnt allow registrants, the cruise line will refuse you as well. I got in contact with the cruise lines before I was ready to book my cruise. The security department explained to me what i had to do if I wanted to cruise being a registrant. You have to let the sheriff department know that you are going and give them a 21 day notice of where you are cruising to and provide proof of it to the security department. You also have to give a brief statement inregards to your case ( what did you get in trouble for) pc codes , what have you done to rehabilitate yourself, have you had any counseling etc. Most of us registrants have had some counseling at some point. This is some positive feed back. A step in the right direction.

so in other words we pretty much have to re-litigate our cases and hope they let us cruise..whatever…AJ ..I’ll check all that out tomorrow I’m still working on revising my draft and I feel really good about how it’s going …

Has anyone heard anything about new passports (timeline, what are the markers), or even received one?

Looks like we really have to hope Snyder is accepted and decided convincingly in our favor during the October 2017 SCOTUS term. (http://electionlawblog.org/?p=935060)

Anyone have recent experience with Princess Cruises? My wife and I are booked on a Panama Canal itinerary next January, Ft. Lauderdale to LA with multiple Caribbean stops. I recall someone said that Princess had told him that they had no problem with RCs, but that was a while ago. I’m reluctant to call their security to ask since I don’t want to inadvertently alert them to a problem that doesn’t now exist. I too have liked independent travel, but at age 75, it’s not an option. As to one-day shore excursions, from my reading of the travel blogs and according to the Princess agent I booked with, you get on and off the ship using your cruise ID card, there is no customs check at each stop, and most people leave their passports in their cabin safe so they don’t lose them on the beach. I suggested to Paul Rigney that he add cruise ships to the Travel Matrix, but haven’t seen that happen.

Justice Neil Gorsuch Votes 100 Percent Of The Time With Most Conservative Colleague

http://www.npr.org/2017/07/01/535085491/justice-neil-gorsuch-votes-100-percent-of-the-time-with-most-conservative-colleague

Wtf…just learned if I visit Florida for more than 5 days I have to register there. Not only will my info be then posted on their public site but it will be there forever as they don’t remove info even if you are just visiting. Was taking my family to DW but now not sure. Anyone have any relevant stories or advice from their experience? How can they register me for life in FL if I am only visiting temporarily?

HIPPA, ADA and Today’s Sex Offender

I have a question for the knowledgeable people

The gov., etc.. say sex offenders have a mental disorder this would be especially true in states where they have civil commitment than how is it the government can release a person information? How is it a person housing is limited sometimes in woods/fields cause the gov. says a sex offender can’t live here or there.

looks like 48 hours in nevada…I was planning on going to Vegas for a few days but not sure if I even want to now…I wonder what happens if you stay 47 hours leave Nevada for an hour and come back how that would work…I am so fed up with this bs…

mike r ,,, Tahoe may not be anything like vegas its just an idea , wish I could help , Nevada is kind of a hard ass state , the best way to do Nevada is by RV many places offer free parking of RV’s and or did last time I was there , good luck on your trip

‘Little guys’ win big at Supreme Court

http://www.msn.com/en-us/news/us/little-guys-win-big-at-supreme-court/ar-BBDLudL?li=BBmkt5R&ocid=spartanntp

Good article….nice insight….Packingham is mentioned, but overall, interesting to see this

I just want to throw this out there. I was completely unaware of this and I asked for a Restraining Order against my wife and custody of my kids. Well that went wrong. If you have children, or even live with children in the same home be careful. As soon as I filed for custody I got slapped with this. My children were removed from the home and placed in a Domestic Violence Shelter with their mom despite the fact that I requested a restraining order to prevent her from physically and emotionally abusing the kids. The Judge said I only wanted custody so that I can have “full access to the boys” wow. This is so unreal.

Family Code 3030.
(a) (1) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be registered as a sex offender under Section 290 of the Penal Code where the victim was a minor, or if the person has been convicted under Section 273a, 273d, or 647.6 of the Penal Code, unless the court finds that there is no significant risk to the child and states its reasons in writing or on the record. The child may not be placed in a home in which that person resides, nor permitted to have unsupervised visitation with that person, unless the court states the reasons for its findings in writing or on the record.
(2) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if anyone residing in the person’s household is required, as a result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code, unless the court finds there is no significant risk to the child and states its reasons in writing or on the record. The child may not be placed in a home in which that person resides, nor permitted to have unsupervised visitation with that person, unless the court states the reasons for its findings in writing or on the record.
(3) The fact that a child is permitted unsupervised contact with a person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code, shall be prima facie evidence that the child is at significant risk. When making a determination regarding significant risk to the child, the prima facie evidence shall constitute a presumption affecting the burden of producing evidence. However, this presumption shall not apply if there are factors mitigating against its application, including whether the party seeking custody or visitation is also required, as the result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code.
(b) No person shall be granted custody of, or visitation with, a child if the person has been convicted under Section 261 of the Penal Code and the child was conceived as a result of that violation.
(c) No person shall be granted custody of, or unsupervised visitation with, a child if the person has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child who is the subject of the order, unless the court finds that there is no risk to the child’s health, safety, and welfare, and states the reasons for its finding in writing or on the record. In making its finding, the court may consider, among other things, the following:
(1) The wishes of the child, if the child is of sufficient age and capacity to reason so as to form an intelligent preference.
(2) Credible evidence that the convicted parent was a victim of abuse, as defined in Section 6203, committed by the deceased parent. That evidence may include, but is not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of domestic abuse.
(3) Testimony of an expert witness, qualified under Section 1107 of the Evidence Code, that the convicted parent experiences intimate partner battering.
Unless and until a custody or visitation order is issued pursuant to this subdivision, no person shall permit or cause the child to visit or remain in the custody of the convicted parent without the consent of the child’s custodian or legal guardian.
(d) The court may order child support that is to be paid by a person subject to subdivision (a), (b), or (c) to be paid through the local child support agency, as authorized by Section 4573 of the Family Code and Division 17 (commencing with Section 17000) of this code.
(e) The court shall not disclose, or cause to be disclosed, the custodial parent’s place of residence, place of employment, or the child’s school, unless the court finds that the disclosure would be in the best interest of the child.
(Amended by Stats. 2006, Ch. 207, Sec. 1. Effective January 1, 2007.)

Hi Guys and Gals,

Well this has nothing do with the registry , and I would like to say sorry to everyone having issue’s with the police ,because of being on the stupid registry, anyway I would like to give props to my small town police department for being so polite , patent and understanding to my Niece the other night.

See the other night my sister was being a real drunken idiot, and my my Niece has had a real rough life with a drunk for a mother, and a father who is in a nursing home now becaue of strokes do drugs and beer.

Well we get a call from my sister who lives 2 doors down from us at 3am drunk off her ass, saying her car and car keys were missing and my Niece was gone, she is 16 but only has her permit right now, she took her moms car and drove 45 minutes to a friends house, and ny idiot of a sister called the cops on her and obviously my Niece was afraid to come home, the cops asked my mom who lives with me because she is 69,anyway I tell the cop wh have a different last name then my Niece, so how does telling you who we are prove we are all related, the one cop is like relax Bobby it’s nothing to get upset over, obviously they no me for an obvious reason, so they say have we gave you any trouble in the last 20 something years you’ve been out I said NO and they were like and since all this stuff is now in the Michigan Supreme Court and SCOTUS we can’t mess with you even if we wanted to, we are here for your Niece not you so relax.

Well she finally pulls up at about 4-430am and instead of the 2 officers being dicks to her and taking her to juvie, and taking her permit from her to where she would not get her license until she turned 20, they just spoke to her told her that she could of gotten hurt or worse because it was the 4th of July with a lot of drunks on the road, they understood why she took the car, because of my sister being a drunk and yelling all the time, they made sure she was alright,and made her mom go back in to her apartment and my Niece stayed with us that night so again unlike a bunch of cops out here I really have to say thank you to our police ,and actually they have never gave me any problems at all and I have been out since 1994. They actually stop just to say hi and ask me how everything is going. It might be because I live in a small town and I have lived here my entire life, but I have to admit they are pretty cool and understanding. Just had to let people know they are not all pricks. at least not here anyway. Thanks for letting me say my peace.

Thank you, Frank Linsey
Front page in the Tribune , San Luis Obispo !
Thanks for having the Balls to put your self out there. .. you made front page For us today

provide the link I didn’t see anything about Lindsey

Is there anyone here that is from OR and might be able to give me some info about that state? latintravel@registranttag.org

Nothing like some DHS mission creep: http://www.slate.com/blogs/future_tense/2017/06/21/dhs_s_biometric_exit_program_is_starting_to_scan_americans_faces_before.html

This country is a disgusting shadow of its former self. Anyone who thinks Al Qaeda didn’t “win” on 9/11 hasn’t paid attention. They turned us into a paranoid, bogeyman-everywhere society.

Just as a warning to anyone with a Facebook account: A couple of days ago, someone friend requested me on Facebook. The person was female and had no photos or ANY personal information on their page. This person has 11 friends. I don’t accept friend requests from anyone I don’t know and the lack of info on the page made me suspicious. So I searched out 2 of the real looking names on their friend’s list and verified from their pictures that they were registered citizens. I believe that all 11 friends were registered citizens but I didn’t want to spend the effort to find out for sure. So basically someone is friend requesting registered citizens for some reason. What concerns me most is that I don’t use my real name on Facebook, so why were they friend requesting me? The whole thing is very shady so I’m just posting this so anyone with a Facebook page to be careful of any friend requests from anyone they do not know. If you receive such a request, I recommend that you block them like I did.

Another example of our police-state in action. I’m sure somehow, it was for the kid(s).
http://www.alternet.org/drugs/conduct-shocks-conscience-south-dakota-forcibly-catheterize-toddler-drugs

I was not sure if this was the proper section for this or if it should be posted under the Michigan section, there is a case in the Michigan Supreme Court The State of Michigan v Boban Temelkoski, and accoeding to Ms Aukerman it is/was suppose to e decided by the end of July.

I would like to know if some one would please dumb this down for me and tell me if I am understanding this correctly, that they have granted both parties, a chance to reargue the case in the up coming term of October, and the court is waiting to see what happens with the Snyder case. Iam really hoping I am reading this wrong and that there will be a decision by the end of the month.

I would really appreciate it if some one could and would explain this order to me in layman’s terms Thank you here it is: http://publicdocs.courts.mi.gov/SCT/PUBLIC/ORDERS/150643_130_01.pdf

Thank you again.

@AJ and New Person,

Thank you both for responding, and dumbing it down for me, and explaining it further for me, I was hoping for a decision on this particular case in Michigan, by the end of this month, because of Snyder I guess we sit and wait, or at least wait and see what the two parties decide to do regarding the 56 days to respond
Thank you again to the both you

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