The Pacific Legal Foundation (PLF) filed a motion for summary judgment on November 18 in its pending case that challenges current federal SORNA regulations. The U.S. Department of Justice is required to file its opposing brief to this motion no later than December 23. The PLF will have a final opportunity to support its motion in a response due no later than January 24, 2025. A hearing on the motion is scheduled to be held on March 10, 2025.
In its motion, the PLF argued that the SORNA regulations are unconstitutional because they violate registrants’ due process rights, chill free expression, create a presumption of registrants’ guilt for failure to comply with the regulations as well as violate the separation of powers. If the motion is ultimately granted, the court could extend the existing preliminary injunction that applies only to registrants in California to registrants nationwide.
“ACSOL appreciates the continued efforts of the Pacific Legal Foundation to protect the rights of registrants,” stated ACSOL Executive Director Janice Bellucci.
The SORNA regulations now being challenged took effect on January 7, 2022. The Pacific Legal Foundation filed an amended complaint challenging the regulations on October 11, 2022.
An important issue in this case is the definition of the term “sex offender.” The federal government has argued that the definition of this term includes every person convicted of a sex offense even if they are no longer required to register. The PLF has opposed and continues to oppose that definition.
It all looks very impressive! May the Motion for Summary Judgement pass.
Excellent!! I’m so glad the Pacific Legal Foundation continues to wage this war against the Federal SORNA Rules that place so many of us at risk simply because we cannot comply with the requirements (even if we wished to do so!)
Thank you, PLF!!! 😃🤗👏🏻👏🏻👏🏻
Sic’em Janice, et al!
If the judge doesn’t rule in our favor, they’re biased. It’s really that simple I’m afraid.
What exactly would be the repurcussions of this? Is this strictly affecting people who have finished their time on the registry? Would this have any effect on state registries?
Great job here team. So many well written arguments. I was thinking about the 1st amendment argument in a different light. Does it chill free speech when posting online (assuming you post using your real name) knowing that anyone can look you up and see a picture of you, your current address, work location, your offense, etc? Absolutely, it does. Sure, other people have public records online, but not like the registry. At least not compelled like the registry. I know people might say, well you are just ashamed of what you did and don’t want to be mocked in town square. Well, yes, that is true. But there is also the safety aspect. I don’t feel safe if i say something controversial online because the next post will be doxxing me and my family. This is because the registry is public and used outside the scope of public safety. Just my thoughts on this topic.
I did enjoy the fact that the lawsuit specifically identifies that SORNA delegated the process of who’s on the registry to the states. Then trying to dictate to the states who’s on the registry reveals the conflict of who’s in charge with the registry. Without the states providing said info, then SORNA would have no info.
SORNA gets its information through the states. Each state has its own registry requirements to be on the registry as well as be off the registry. The federal gov’t telling the state gov’t that the person they removed from the registry and is no longer convicted of a crime must remain on the registry and still be recognized as a convicted of a crime. Imagine expanding that thought to all crimes beyond sex crimes – that will not go well.
The SORNA scenario does sound judicially farcical. Which is why PLF brought this suit with examples of such, especially with ACSOL community possessing many individuals under the same circumstances – no longer convicted and no longer on the registry. California cannot do what is not possible, which is to force someone to register who is no longer on the registry.
On a tangent, I am very interested in the recognition of who is no longer convicted aspect should PLF win the case as a Californian.
I wonder what, if any, effect the U.S. Supreme Court’s overturning of the “Chevron doctrine” last summer will have on this case?
AWESOME WORK! THANK YOU!
Anyone really know the Cost involved in keeping the registry at this time? Consider the cost in Monitoring all registrants across the country Compliance checks, Halloween registration officers court cost to prosecutor’s to enforce the violations and the probation officers all the added expense that SORNA creates and the tax payers pay for I am saying the cost must be into the Billion’s and for what to make some politicians look good just my thoughts!
I’m also an expunged/Certificate of Rehab/no longer registering 3 plus years. What, I’ll register again for? I’m back working in my profession and it’s been 20 years!
I finally got my eyes on the doc filed here and am positively amazed at the flurry of verbal and legal punches thrown at the matter by those who know best. I truly hope they land with the intended impact to get the judge to see the reality of the situation here and opine in a way that is best for those who are negatively impacted by the law.
One thing caught my eye in the reading that I think can be argued in every matter as time goes when more and more is revealed about the lack of full consideration of matters before they are passed into law:
“In assessing whether a rule is arbitrary and capricious, a court looks at whether the agency “examined the relevant data and articulated a satisfactory explanation for [its] decision, including a rational connection between the facts found and the choice made.” Transp. Div. of the Int’l Ass’n of Sheet Metal, Air, Rail, and Transp. Workers v. Fed. R.R. Admin., 988 F.3d 1170, 1182 (9th Cir. 2021). An agency action is arbitrary and capricious “if the agency . . .entirely failed to consider an important aspect of the problem” or if the agency “offered an explanation that runs counter to the evidence before the agency or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.” Defs. of Wildlife v. Zinke, 856 F.3d 1248, 1257 (9th Cir. 2017) (citation omitted).
Does anyone at these agencies/depts/offices or in the halls of Congress/Legislatures fully present both sides of the argument before deciding their action? I doubt it because of an agenda and those finding problems for a predetermined solution they want to put into place for their agenda (or the fear of losing political cred). This entire case is the same situation to which I hope the Judge sees with the data of today that has been presented and overcomes the opposition who want it to remain the same.
I will say this, change had taken place! We were banned from parks! Beaches! I was on the registry! Had this site not existed, I would still be on the registry! I slipped a COR in about 2 years ago and I’ve resumed my career as a Healthcare Professional! So, I suggest supporting the site! Donate! Again, had I not called Janice one day/got info from a past COR recipient/just before the new law, I would now be online!!
I was chargers with statuaory rape 23 years ago got 10 do 3 as a sentence. Got out april of 2007 did so well with probation the judge let me off 2 years early and whiped my fines away a 3 year mandatory class I did in 7 months and released because the director said I did not belong in there cause I passed all my lie detector test and was able to prove I was not lying about what I told authorities and what the girl told me.
Never not one time on probation did I ever violate not one time. Moved many times while being off probation always followed the law never attempted to try to not comply ever.
I had no idea that I even qualified to get off the registery until 4 months ago when I was chArged with a SORNA violation out of lee county AL where I did not even live.
My ex girlfriend who I visited and went to church in valley because we were engaged and I was waiting on her to get divorced first but that was never her intent. She planed this while she was in prison because she was mad I did not have a place for her to come out to and she had to live with her step mom who she hated.
Her mother gots approved for disability exactly one month after being released from prison which was july of 2024 they found a place made it look like I lived there buying clothes stagging it taking pics of me the there I mean went all out on me.
I was completely blinded until I caught on to what there were up to and said it’s over. She being mad because it did not go the way he intended still told authorities I lived there and they put a warrant out on me and notified my actual county I live and that county came to my actual place of residence and placed me under arrest.
AL came to get me 3 days later and while on the way to Alabama I had a seizure in the back of his car. He thought I was faking my seizure. Before I had my episode I mentioned to nho that i have epilepsy and been without my medication for 3 days and he said not his problem.
He or someone called 911 they came out and said I need to go to hospital and I remember him getting very angry with emt Saying I was a prisoner and was on the sex registry and just blasting me when I could not even defend myself cause I could not prices what he was trying to accomplish because of my seizure my head was all messed up and takes days for me to process normally.
Hospital refused to treatment because he told them I was a [derogatory lebel]. They said I was cleared to leave well I was not. He pulled my anckel cuffs out from under me while I was laying in bed cause I could not believe what was happening to me causing me to get a severe head damage. My head hit the hospital concrete floor.
He dragged me out to his patrol car and threw me in the back. Short of the long is that my civil rights I feel we’re violated I was set up or framed by many people I think who had there hands in this. All because I should have taken better care of my ex girlfriend who was in jail and she wanted me to see what it feels like. Like I did not know what she was dealing with.
I have 3 kids and my own responsibilities and did the absolute best I could considering also putting my grandfather in the ground 3 months before she was released. He was 91 years old and I helped take care of him the last 7 months of his life you name it I did it. He was the center of my focus not anything else at the time.
Well that put a damper on my plans to have her her own spot to call. Sorry but I’m really not sorry. She was well provided for. 1 year wirh her stepmother was like a huge upgrade fromma jail cell if you ask me with her spoiled behind.
Now this. I have no idea what to do or what to expect. My court appointed laywer made me miss my preliminary hearing because she said it was not required for me to show up and little did I know it was. She failed to show up her self to speak for me and rememberd 12 days later where she put in for a request and the Judge denied her request.
I was just recently after 4 months of saving and getting help from a friend was able to obtain a lawyer who said he will do everything he can to get this taken care of. I was hurt by law enforcement I have had 2 ct scans and a mri due to his excessive force and misconduct.
I was no threat what so ever after just going thru a grand-mal seizure being cuffed times 2 being ankles to wrist. He decided it was a good idea to slam by back out and drag me to the car. Totally uncalled for. What can I expect to happen after this.
I was eligible to get off the registery in 2014 according to my tier status and what SORNA says. I think it should be mandatory that at least let people who have been dealing with this for 23 years who have been off probation for 13 years now who only requires that I got get fingerprinted and see the guy once a year.
He even told me himself one time that I did not even Need to be on it but failed to tell me I was eligible to be released because I met all the requirements. Now my 17 year old daughter gets to watch her father get completely railroaded by the government. This is just perfect.