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TN: New Law Forces Dozens on Sex Offender Registry from their Homes [UPDATED 6/30/19]

UPDATE 6/30/19: Tennessee Judge Grants Temporary Restraining Order [floridaactioncommittee.org – 6/30/19]

 

Original article:

Last Sunday, Jason broke the news to his 7-year-old daughter: He’d be moving out. When a new Tennessee law goes into effect Monday, he will be barred from living with her. The law, Senate Bill 425, also forbids him from being alone with his daughter, meaning he can’t handle doctor’s appointments or pick her up from school, and he and his wife will need to hire childcare since she works full-time. His daughter cried when she heard but understood, Jason said, and told him she didn’t want her father to go to jail. Full Article

Temporary Restraining Order

Join the discussion

  1. Chris f

    No way this passes the strict scrutiny that breaking up families will get.

    I hope they have that on the record somewhere that this was done in response to a nearby state doing it and they didnt want registered folk migrating. Perfect Bill of attainder.

  2. JohnDoeUtah

    This is the one thing that has always made me nervous. I have two children 14 and 13, boy and girl. The boy is the fruit of my sex offense. I have joint legal and physical custody of both. I had to fight the state Child Protective Services in court for three years to gave rights to my son, and prevailed. Although I am no longer required to register under state law, I still dread the idea that new legislation could swoop in and try to terminate my parental rights after 15 years.

  3. Harry

    Attention! “Good Baptist” of TN God said in “But if you DO NOT forgive men their trespasses, neither will your Father forgive your trespasses” (Mat 6:14).

  4. TS

    Nice to see the two week TRO issued to stop this madness from starting. Won’t make it necessarily any easier on the families until it is completely stopped, but two weeks is nice to have with a long holiday weekend included.

    • Will Allen

      Isn’t it ironic that the holiday celebrates American freedom? What a joke. Think I’ll burn some flags this year.

      Fuck people who support Registries. Every day. Their families do not deserve freedom or to live in peace among us decent people. Make that matter.

  5. kat

    GREAT NEWS!
    3 John Does (individually and on behalf of all others similarly situated) took TN Gov. Wm. Lee et al. to court on this.
    As of 6/28/2019 @ 12 PM a Temporary Restraining Order was issued in US District Court for Middle District of TN by Judge Campbell. The TRO expires 7/12/19 absent further order of the court. The John Does request for a preliminary injunction will be considered on 7/11/19 at 3PM as set by separate court order.

    The court found that the plaintiff’s demonstrated a strong likelihood of success on the merits of :
    1) Their Ex Post Facto Clause
    2)That they will suffer immediate and irreparable injury, harm, loss or damage if injunctive relief is not granted pending a preliminary injunction hearing.
    3)The balance of relative harms among the parties weighs in favor of Plaintiffs and against Defendants.
    4)The public interest will not be harmed by injunctive relief pending a preliminary injunction hearing.

    These John Does were father’s raising their children, one who has an autistic son that he cares for, another who home schools his daughter and takes care of the family farm while his wife works long shifts as a nurse, a third works construction then and he cares for their 2 children when he gets home from work while his wife works.
    These are people just like us who stood up and said NO, this can’t happen. Enough is enough!

    It was ordered by the court that pursuant to Federal Rule of Civil Procedure 65: Defendants, their officers, agent, employees, servants, attorneys and all person in active concert or participation with them, are hereby enjoined and restrained from enforcing Subsection (c) (3) of PC374, pending further order of the court.

    In a nutshell, no registrants will be forced out of their homes, at until the next hearing.
    Avalanche the court with letters, let them know how this law would have affected you.
    The 3 John Does did their part….let the courts hear from you on this one, this could be the tipping point!

  6. Bobby

    So, someone please correct me if I am wrong, but wouldn’t this fall under the 6th Circuits ruling of unconstitutional and punishment? and the expos facto clause? I’m glad I am in Michigan even though they are still dragging their feet, and supposedly have until August 21st to fix our registry, but that probably won’t happen. So shouldn’t Tennessee’s ACLU be bring up the 6th Circuits rulingof Punishment and the expos facto clause. Just asking.

    • JohnDoeUtah

      Sadly it doesn’t work that way. Every time a law is passed, it is “assumed” to be constitutional until it is challenged in court.

    • Scott

      It has been over 20 years since i was charged and pled guilty. Crazy attorney! The legal system still today has problems. Either way I’m stuck om the registry. I’ve raised 2 children since then and have had no problems. All the sudden the state wants to make it where i can’t live with my youngest son. What grounds? I have not had any legal problems in over 20 years. Got off probation early. My little boy is my world. My wife and I take very good care of him. I work everyday. This will tear families apart and could make things much worse! This is a bad law. I will be there in court to try and help stop it.

  7. The Vampire

    This has to be stopped!!Are they Nazis down in those states. Or just F-in dumbass!! I am tipping to Nazis do to the fact they want to break up family. Dont those Nazis understand what laws you pass today will impact there own family in the future!!! And it did not go so good for the Nazis of Hitler!! Guess people should rename Tennessee The Hitler State see how they will like to be given a label of a monster 👹 ( where you from )(Tennessee ) Oh the Hitler state you a Nazis killer of family. Plus i just love how people say if it only protect one child from abuse. We must pass laws. Just like the war on drugs but this is the war on Sex / Feelings!! You hurt my feeling!! I will call the cops and say you raped me! If you try to see your child i will say you molest them. It a never ending story! Lies make more money for states than truth and that is SAD!!! We have more people in prison than any other country in this world!! And we have the most poeple on a sex list too. Too what point does having people on a list save someone! It dont! And never will!! And what point does make to kick people out of there homes who have little kids. That is just Nazis invasion!!! Hope people wake up and kill that bill or make the Court’s do it

  8. G4Change

    This is sadistic bullshit! Someone needs to go to court and get an injunction, TRO, or whatever to stop this law!!!

    • TS

      @G4Change

      They did and have one for two weeks at this point. Read @kat’s comment above your comment.

    • JohnDoeUtah

      Note that the hinges on “retroactive application.” It appears that the law may survive prospectively.

  9. Tonya, mother of a sex offender

    Thank goodness for lawyers to help these families. In TN there are so many restrictions on Sex Offenders, I admire the men and women who make it thru. No alcohol,(even tho your 21 years old), internet ( freedom of speech) shopping at malls , National parks, water parks, amusement parks, carnivals, fairs, major ball games(such as Nashville’s Nissan Stadium), no working public jobs, such as Wal-Mart or McDonalds, any place underage go. Sex Offenders in TN have to take the low pay factory jobs if they’ll hire a sex offender and then what pay they make it goes to court cost, fines, probation, 40 dollars cash each week to required sex offender class.

    • AJ

      @Tonya:
      I don’t believe TN can ban RCs from National Parks, since they are federal jurisdiction. I also don’t believe they can ban one from drinking once free from supervision. Blanket banning from the Internet has already been struck down by SCOTUS (see: Packingham v. NC) for someone not on supervision;* other courts have held it unconstitutional even for those still on supervision. The idea of being banned from places underage go could perhaps be challenged, depending on the wording of the Statute (it may be unconstitutionally vague, as NC found out in court). The rest is the same old, same old, sadly.

      *I recently read that since SCOTUS didn’t delineate between on and off supervision in Packingham, it could perhaps apply in both cases.

      • Bill Rector

        Your not understanding the principles of these issues !!
        What good is license that are branded ?
        What is freedom of travel when the Authorities put up road blocks for RCs to travel that lead to waisted time money energy etc ?
        What is freedom when you are marked as a Target for murder or discrimination ?
        What are rights when you can’t use them !
        What are past sentences good for when completed yet punishment is allowed to continue ?
        What is being a citizen and you are second class ?
        What are you talking about people ????….

      • Bill Rector

        Yes they can and are doing it in many ways!!
        Track car !
        Ban from this or that !
        Face is recognized by so and so ALERTING AUTHORITIES !!
        HAVE TO DRIVE ONLY YOUR CAR OR LOSE EVERYTHING !!!
        Can’t associate in normal Societal ways or violTions !!
        Many many many ways they can and do violate RCs …!!!
        I can go on and on !
        It is not right or good to continue to confory and Dodge and a accept infringements that are not going to STOP !!!
        HELLO !!!!

      • AJ

        @Bill Rector:
        1) Calm down, brother. Exclamation points and capitalization have their places; those places are usually limited in scope.
        2) Yes, I do understand both the principles of the issues and the issues themselves.
        3) To your questions:

        What good is license that are branded ? They’re useless and do absolutely nothing but attempt to shame the holder.

        What is freedom of travel when the Authorities put up road blocks for RCs to travel that lead to waisted time money energy etc ? It’s what you let it be. One can either succumb to the hurdles or evade or overcome them. To each his/her own.

        What is freedom when you are marked as a Target for murder or discrimination ? Again, this is something each individual must apply to her/his own life. I exercise my freedoms as much as I can. Others may cower in their homes. To each her/his own.

        What are rights when you can’t use them ! I’m not sure this is a question, given the exclamation point and lack of a question mark, but I’ll indulge. While some rights are constrained, I still exercise what rights I have to the extent I can. They can all be used to some extent and in some settings. That they’re constrained at all is another discussion.

        What are past sentences good for when completed yet punishment is allowed to continue ? They’re not “good for” anything, ever. What they’re used for is the wink-and-a-nod “non-punishment” known as ML.

        What is being a citizen and you are second class ? It’s a struggle and a fight. It can be pushed back on, or it can be accepted. To each his/her own.

        What are you talking about people ????…. No, what are *you* talking about?

        • William Rector

          It is RETORICAL EXCLAMATION !!!
          Stop Being my English teacher and arguing with others and grow up !
          Just comments and opinions !!
          You should be interested in getting with RCs and others to do good and change and help !
          Not worry about others !!!
          I’ve been blocked and others are doing this site and they will see that allllll this time they want to do it there way and it is not allowing RCs to do many things that should be done !!!
          It’s ok !!
          People will be people and they don’t want to do what it takes to fight laws until it’s too late and time will pass and storms of life will too !
          So, I’m calm and if I’m not it’s none of your business…
          There is A time to be silent and a time to speak up !!!
          So, go Rebuttal someone else !
          Be useful and stop siding with what you want all the time and understand not everyone agrees this site or what they do/did/doing is right or they are my Hero !!
          It’s just they have the power to do some good like all of us !!

  10. William Rector

    You accept what you want and let others do the same !!
    That attitude is why Hell continues for RCs !!
    Just let it be !
    It is what it is !!
    What can we do ….uhh just !
    Suck it up !
    Oh well !!
    That’s life !!
    Swallow what you want and don’t tell the next man what he should do !

    • William Rector

      You must be from a southern state !!
      A Mr know it all !!
      You don’t think this or believe that and all this time ….things are getting alot WORSE..but hold your ground, fight tooth and nail like this conversation is what’s important or helpful or brilliant legal minds or go along with the formats of sites that waist, Precious time, energy, resources and people …etc ,!!
      Let’s play niceties when HELL IS UPON US !!
      LETS TALK …YAK ..YAK ALL THE TIME BACK AND FORTH LIKE YOU WANT AND FEEL A Great neeeeed !!
      Sorry man !!
      Didn’t try to offend you !!
      Let’s try not to be like the rest of the vitimhood, offend minded, overly sensitive world !

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