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National

FAC: Florida homeless registrants lose appeal against Miami-Dade

[floridaactioncommittee.org – 9/9/20]

Sadly, the homeless registrants in Miami-Dade lost their appeal to the 11th Circuit in a decision returned today.

The loss was on a technicality – whether the suit can be construed as an “as applied” challenge vs. a “facial challenge”. The 11th circuit’s decision was that the plaintiffs didn’t bring their case “as applied” to the John Doe plaintiffs from the get-go and therefore the Defendants didn’t have a fair chance to defend accordingly.

Read the full article

 

Join the discussion

  1. Lovecraft

    It should be worthy of either. I guess it will take another x amount of years for relief, SMH…

  2. M C

    Is the 11th circuit and district courts made up of mentally challenged individuals? “including unrefuted evidence that a significant percentage of sex
    offenders find residency restrictions helpful in preventing them from reoffending.” What?!? What sex offenders where have said this much less a significant amount of them?

    • SR

      I haven’t read the document. Do they have a source to backup this insanely stupid claim? There are many states, including CA with the most RC, that don’t have residency restrictions, and it in no way has caused an explosion of re-offenses.

  3. JohnDoeUtah

    @ M C

    https://www.clearinghouse.net/chDocs/public/CJ-FL-0007-0003.pdf

    Pages 10-16. The District Court heard evidence from both sides and decided to believe the state’s expert witness, who tore down our studies as widely variable and unreliable, including rebutting testimony from Jill Levenson, and stated that sex offense policy should be grounded on “common sense” policy decisions. They cited a study in North Carolina stating that a survey of offenders found the residency restrictions helped them with urges. The Court basically refuted all our evidence and accepted the state’s evidence.

    Also, one of the Does in the case on cross-examination admitted that the restrictions helped him with urges. The Court summed that the particular Doe had no reason to lie in the affirmative, as they were challenging the law; but, that the other Does had motivation to downplay the effectiveness of the law. Essentially, because one says its beneficial, it is beneficial for all and the rest of us would lie anyways to have access to children.

    • TS

      What is good for one goose does not mean it is good for the entire gander, common sense or not! One goose can choose for themselves what works and does not work, just as the other geese can too. It is called free will. If the urges are there, put in your punishment distance restrictions to help you, but don’t blanket it for everyone because others may not need them.

      Common sense says to look both ways before crossing the street even with a green light to cross. Science with stats says those who actually took the time to look and analyze with a green light whether it is safe to cross will cross more likely safely than those who just cross blindly without looking even with a green light!

      Critical thinking is becoming a lost art in the judicial system unfortunately and becoming a game of chess in how to beat back those cases judges don’t like with existing precedent, e.g. 10th CCOA with Millard w/what I call boilerplate case denial precedents, and find favor for those cases they do like, IMO.

  4. M C

    @JohnDoeUtah, so you are saying they double dipped. They want to use common sense over research when the research doesn’t match what they want to do but then use a bs research study to claim registrants actually think this helps them even though common sense would say that nobody wants to be homeless. Yep that makes sense!

    • Me

      Example …
      If you ask a person addicted to anything and say if we give you this or that help will they say yeas it helps …yes !! Because they have been told they neeeeed HelllllP…also they are desperate ….should this be used in a court of law to keep them in LEGAL BONDAGE …Nooooo !
      Now, that you found out what i already knew,,,,which is the people who oppose or refute the positive statistics with there own lies or Skewed perception or oppressive agenda…thd next question is HOW HAVE GOOD/BAD STATISTICS, TRUTHS, SURVEYS AND FACTS ETC…worked in favor of OUR SUCCESS or others in HISTORY ???
      LIES MIXED WITH TRUTH IS A ENDLESS STICKY BATTLE
      EXAMPLE, When online and others have KICKBACK OR BAD INFO ETC…you do not play nicey, nice…YOU TELL THE PEOPLE I HAVE A RIGHT TO SPEAK WHAT I WANT AND YOU WILL NOT BE AGRESSIVE OR RETALITORY OR FOLLOW FOOLISH INFORMATION OR BOGUS CLAIMS …
      Thanks for reading and look forward to this sight and others Moving in a different way …such as never allowing a Guilt Trip or emphasis on crimes when talking to people who want to destroy lives and have alllll SAY SO !!!
      STOP EVEN MENTIONING THEY VICTIMS …In any way form or fashion…thats personal…This is Business !!!
      Thanks ……

  5. Brandon

    Instead of using an expert in sex offense laws in their own backyard; the court relied on a study out of North Carolina. I swear the stupidity in Florida is frightening when it comes to courts. Bought and paid for by Ron DUI Book and his daughter Lauren Barbie Victim Book!!

  6. Facts should matter

    This is what I find so GD infuriating. In light of this ruling – per this individual’s admission – it reinforces the myth that ALL those forced to register have incurable and uncontrollable pathologically deviant “urges.”

    The registry then becomes a form of false imprisonment and blatant injustice for those that pose zero threat to society, much less children.

  7. Me

    Example …
    If you ask a person addicted to anything and say if we give you this or that help will they say yeas it helps …yes !! Because they have been told they neeeeed HelllllP…also they are desperate ….should this be used in a court of law to keep them in LEGAL BONDAGE …Nooooo !
    Now, that you found out what i already knew,,,,which is the people who oppose or refute the positive statistics with there own lies or Skewed perception or oppressive agenda…thd next question is HOW HAVE GOOD/BAD STATISTICS, TRUTHS, SURVEYS AND FACTS ETC…worked in favor of OUR SUCCESS or others in HISTORY ???
    LIES MIXED WITH TRUTH IS A ENDLESS STICKY BATTLE
    EXAMPLE, When online and others have KICKBACK OR BAD INFO ETC…you do not play nicey, nice…YOU TELL THE PEOPLE I HAVE A RIGHT TO SPEAK WHAT I WANT AND YOU WILL NOT BE AGRESSIVE OR RETALITORY OR FOLLOW FOOLISH INFORMATION OR BOGUS CLAIMS …
    Thanks for reading and look forward to this sight and others Moving in a different way …such as never allowing a Guilt Trip or emphasis on crimes when talking to people who want to destroy lives and have alllll SAY SO !!!
    STOP EVEN MENTIONING THEY VICTIMS …In any way form or fashion…thats personal…This is Business !!!
    Thanks ……

  8. Bo

    This surprises you? The more opnions I read, the more it seems like the courts are bending over backwards to support registration.
    I think we all need to continue to work on public opnion and find comparisons to other rights that risk being removed if ours are. Like our registry and how it could be used against gun owners if applied to them.

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