Alabama only state with such a broad ban, according to judge
Alabama has filed a notice of appeal
Jan 11 (Reuters) – An Alabama law that bars people convicted of a sex offense involving a minor from living with a child, including their own, unconstitutionally violates the rights of parents to care for their children, a federal judge has ruled.
U.S. District Judge R. Austin Huffaker in Montgomery, Alabama, in a ruling on Wednesday sided with a father who had, years before his son’s birth, been convicted of possessing child pornography and was barred under state law from living with him.
I seem to recall that some other state was recently considering a similar law. It might have been Florida, which would be no surprise given how barbaric that state’s treatment of sex offenders is. The due process violation this law embodies is breathtaking. I look forward to reading about it being slapped down in the courts.
Thank GOD for this ruling! I pray that it sets a solid precedent!
Who would want to live in Bama anyways!
I think that it is more wide spread than known. I was in FCI Lompoc & knew a man that upon his release would not be able to live in his own home because his children were there & he was from Washington St, I am from Cali & was told by my PO that I could not see my own children. I had to get permission to write, email, & call them. Granted these Federal rules but they take placein every state.
Interesting note here, the plaintiff’s atty is one who works with NARSOL.
Also, here again is 1) another overbroad law we all should fear by the govt which needs to be reigned in; 2) leave it to the state AG to make an assessment w/o any assessment data on the person in question where the AG should have to fulfill CA v Thai requirements to prove the gent is a danger (yes, I know…a state case not a Fed case of persuasion, but the info is still persuasive from a state level to a Fed case which can be cited); and 3) the AG is taking the fact that most abuses on minors happens in the home by those the minor knows (and assuming all minors are vulnerable, which all minors are not) which invalidates stranger danger and making it null and void when it comes crimes against minors.
May AL lose their appeal to the 11th CCOA.
California Child Protective Services are ruthless, if a “PFR” pops up on their radar for whatever reason, they’re definitely getting their kids taken.
First they start on the wife / girlfriend, telling her how much of a monster you are The father start threatening to take her children away turning them against each other, then about 2-3 weeks later they’ll show up and take the kids.
The only hope the wife / girlfriend has of ever getting their kids back, She’ll have to move out and stop all contact with the person forced to register. Now people forced to register still have parental rights but while the case is ongoing all visitation must be supervised by a CPS officer forever long they say.
Not only that the person forced to register will have to jump through many hoops to even qualify for supervised visitation.
It’s a literally a nightmare, If you’re a person forced to register and you live in California all I can tell you is always be prepared. Always be ready. Make sure you keep your side of the street completely clean specially if you live in Riverside County.
The Alabama court (Judge Huffaker) may have relied, in part, on the following case, but we’d have to read the ruling to confirm.
In a 2012 case (U.S. v Wolf Child 699 F.3d 1082), the Ninth Circuit Court of Appeals ruled the following:
“We hold that the fundamental right to familial association, implicated by the parts of the special (supervised release) condition prohibiting Wolf Child from residing with or being in the company of his own daughters and socializing with his fiancée, is a “particularly significant liberty interest.” The district court was therefore required to follow an enhanced procedural requirement to make special findings on the record supported by evidence in the record, that the condition is necessary for deterrence, protection of the public, or rehabilitation, and that it involves no greater deprivation of liberty than reasonably necessary. Because the district court made no such findings regarding the imposition of the special condition, and it conducted no individualized examination of Wolf Child’s relationship *1088 with the affected family members, it committed procedural error with regard to these specific individuals. Moreover, because of the absence of any evidence in the record that would support the limitations on the fundamental liberty interests at issue, we hold that special condition 9, as applied to restrict Wolf Child’s ability to reside or socialize with his own children and with his fiancée is substantively unreasonable”.
I am not an attorney nor am I giving legal advice, BUT should anyone on this site, or anyone that you know, be subjected to unwarranted, unjustified, and unreasonable conditions such as this, consult with a competent attorney and explore legal options so as to right such wrongs.
The state of Tennessee is getting just as bad. Tennessee has started making their laws as restrictive as possible, including a law similar to what Alabama has, in response to offenders moving from north Alabama to Tennesse and commuting to large areas like Huntsville for work. Once again push offenders out of one area to another, then another, then another like Florida, Alabama and Tennesse are doing. How long before there is just a large penal colony for offenders?
It just occurred to me that the rights of the father to live with and raise his children are not the only rights being violated by this law in Alabama. The rights of his children to live with their father are also being violated. Children have due process rights just as much as their parents.
I have been registered in al for almost 20 years the laws here are supposed to exclude a persons child or an adopted child unless that child was the victim of the registered person here it depends on the county or city a person lives in example i have to register 4 times a year if i were to move one county over i would only have to register 2 times a year if i move to another county on the other side i only have to register 1 time a year it is funny the numerous variations of registration requirements in alabama there are three counties near me that are very lenient unfortunately I have no way to relocate to one of these counties it depends on where one lives in alabama whether the punishment is worse or not
There’s a somewhat amusing aspect to Alabama’s effort to appeal the summary judgment to the USCA 11th Circuit. It is a steep challenge for them to find an error in the judge’s decision, especially considering that the appellate court’s focus isn’t on re-evaluating the facts but on assessing the correct application of the law.
Alabama may not fully realize the potential consequences of their action, particularly how an appeal might inadvertently impact Georgia, a state with a similar law, as if they’re unknowingly pushing Georgia into the path of an oncoming bus.
The USCA will likely affirm the ruling, maintaining Judge Huffaker’s decision.