Source: courthousenews.com 8/1/25
An Alabama law restricting sex offenders’ movements is under legal scrutiny after a federal appeals court hearing Friday that could reshape how the state regulates their interactions with minors.
The case centers on a provision of the Alabama Sex Offender Registration and Community Notification Act that restricts where registrants can be present, potentially criminalizing routine activities like work, attending church or family gatherings. Amended in 2017, plaintiffs claim the provision redefined “reside” and “overnight visit,” imposing sweeping restrictions that could transform routine activities into criminal acts.
Three registrants sued the state in 2019, gaining a favorable judgment from Senior U.S. District Judge W. Keith Watkins, who found the law overly broad and unconstitutional. In his May 2024 order, Watkins emphasized that while the state has a legitimate interest in protecting the public, especially children, the law’s residency provision goes too far by infringing on fundamental constitutional rights without sufficient justification.
On appeal Friday, Assistant Attorney General Brenton Smith defended the statute, arguing that “the First Amendment does not entitle sex offenders to live with or near unrelated minors, nor does it entitle sex offenders to spend the night with minors outside their own nuclear families.”
Smith argued the law allows ordinary public activity and isn’t as restrictive as claimed.
“Ordinary conduct in worship, singing — whatever it may be at a revival — does not establish a residence at that place,” he argued, maintaining that sex offenders can still attend church and participate in public activities. Smith said plaintiffs have not demonstrated widespread constitutional violations.
“Given the 16,000 approximately sex offenders that live in Alabama, all of whom live somewhere … they have pointed to no prosecutions” that support their…
So if I’m understanding correctly, the Alabama legislature removed a few words from their statutes specifically to criminalize normal, mundane activity and conduct by registrants, and the AG is offering essentially a pinky promise that his prosecutors won’t take it to extremes.
Right….
I just hope they remember that the case is brought against the law (as written), not against the state’s interpretation of the law. Saw this with the Halloween decorations case where the local pd didn’t enforce the law then they changed their tune. An interpretation can always change and no one would know.
“Free to travel”
Laws are supposed to prevent crime NOT create crime and that is exactly what most of these new laws are doing.
One person said that if ignorance is no excuse, then every American citizen is ignorant and in peril, for nobody can know all the laws that govern their behavior.
Alabama’s amended registry act criminalizes presence, not conduct, by redefining “reside” and “overnight visit” so broadly that attending church, working a night shift, or visiting family may result in felony charges. Church attendance and nightly labor—especially under supervisory oversight—are weaponized by institutions demanding compliance, documentation, and behavioral control, converting routine life into coerced servitude. This violates Federal First Amendment protections by restricting religious freedom and assembly, Federal Fourteenth Amendment guarantees of due process and equal protection through vague and arbitrary enforcement, Federal Thirteenth Amendment protections against involuntary servitude by forcing People into labor and surveillance to avoid unintentional violations, and Federal Ninth Amendment protections of unenumerated rights including the pursuit of happiness, which is obstructed by forced family denial. These laws extend beyond People Forced to Register (PFR): under Alabama’s statute, if a citizen knowingly fails to report a PFR’s presence to law enforcement, they too may face felony charges. Silence becomes criminal, and everyday relationships become prosecutable. Neighbors, churchgoers, supervisors, and bystanders are all vulnerable to this reach. Because one day, a PFR or family member could say they knew—and then you will understand what government overreach truly means. It will be unto yourselves. That is not justice, that is tyranny.
Disclaimer: This statement is intended for survivor-centered advocacy, coalition documentation, and public awareness. It does not constitute legal advice, nor does it create an attorney-client relationship. Interpretations of law may vary by jurisdiction. References to constitutional violations reflect publicly available rulings and legal arguments, including federal decisions such as Doe v. Marshall. Readers are encouraged to consult qualified legal professionals before taking or refraining from any action. This message is protected as expressive speech under the First Amendment and is offered in pursuit of lawful reform, memorialization, and public education.
Good on the judges who are pointing out that Alabama already broadened the law that infringed upon normal activity for registrants and this newer law is going to push the boundaries even further, making it unconstitutional.
The judge that is for the new limiting laws is often saying qualifiers of “it’s just one factor in the totality of the circumstances analysis”. Which interprets as, “the law is vague and that one factor is all the state needs to persecute and prosecute with the new law.”
Assistant AG Smith seems to be saying that since no one has been harmed or prosecuted by the strict factors of the law, it must be okay. 🤗 Sort of like the passport identifier 😒