A lawsuit was filed in Federal Court challenging the Florida Sex Offender registry. The suit is a facial challenge, filed on behalf of persons required to register in the State of Florida.
It argues that the registry violates the Ex Post Facto clause of the constitution, constitutes Cruel and Unusual Punishment, violates Procedural Due Process, violates Substantive Due Process, is unconstitutionally Vague, has no rational relationship to its purpose and asks the Court to permanently restrain and enjoin the FDLE from enforcing the registration statute. More from Florida Action Committee
Wow, that is a large law suit. It seems as if everything is being challenged. This will be in court for years. It does raise many good points.
Damn! They are challenging every single possible violation under one umbrella. That’s awesome !!! I hope they pull through with a win when it comes down to it. My best wishes to FAC, the attorneys involve and the RCs in FL.
Well, this is a big one we’ve all been waiting for. I just hope it doesn’t get shut down as hard as CA’s lawsuit against the passport mark.
This will determine if the case goes to the Supreme Court to be honest. If the court says as we hope, other states will disagree. That will pretty much guarantee sometime the SC will have to hear it. I think attorneys should present the idea that a person can simply just google a name and it pop up without wanting to find that information. They must see that only a small percent reoffend and that it does hinder our own pursuit of happiness.
It does put families in vulnerable positions and hurts us being a contributing member of society. Third parties will continue to blast old information.
Note to FAC: your Declarations for Does 2 – 5 have a recurring typo. Every Declaration starts with, “My name is John Doe 1.” While correct for John Doe 1, it’s wrong thereafter. Ooops.
That place is harsh. I guess I will never get the chance to go to Disney World in my lifetime.
Wow! They threw everything but the kitchen sink into this one!!! I pray the plaintiffs win.
You would think this would be a big deal for everyone who participates in this blog no?
I think Janice et ell should perform the same suit here. If the registry is going to come down, it has to be gang tackled along with the Gundy suit to be decided by SCOTUS.
Agree. RE: Gundy is limited. The AG shouldn’t be allowed to determine who gets punishment and who doesn’t (yet basically that is how it works at the county level), but neither should the Congress decide a group of former offenders should be punished after the fact, simply because they have a common conviction type. That, I think is where the evil springs.
a Third one in Florida is filled
https://floridaactioncommittee.org/third-lawsuit-filed-this-month-challenging-florida-sex-offender-registry/
Has anyone thought of adding a challenge on the grounds that sex offenders are required to pay taxes to support resources they cannot use? For example, using buildings (public libraries, parks, swimming pools, YMCA), or attending events supported or funded by tax dollars such as (county fairs) which most times have so many restrictive rules or requirements that you cannot overcome them (i.e. – get written permission from the library administrator to use the library, or written permission from the school principal to attend my children’s school games – which would NEVER be granted) or that legislation has made “illegal” to even attend or be at (county fairs, parks, public pool, etc… ). Why should they have to pay taxes for things that are illegal for them to attend or so onerous to make happen that it become too difficult to accomplish? Just a thought.