CA Court Blocks DOJ’s new SORNA Rule Because it Violated Due Process and First Amendment

Los Angeles: A California court last week blocked the Department of Justice’s new Sex Offender Registration and Notification Act rule because it violated due process and the First Amendment. “The DOJ almost never loses these cases. That they lost here goes to show just how far out on a limb the DOJ is with this rule,” said Caleb Kruckenberg, an attorney at Pacific Legal Foundation. “The rule clearly violated due process and free speech protections. And while the court felt bound by precedent to conclude that the rule didn’t violate the…

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Court Grants Partial Motion for Preliminary Injunction in SORNA Regulations Case

A federal district court today issued a decision granting, in part, a motion for preliminary injunction that was pending in the SORNA regulations case. A copy of the court’s decision is being posted today on the ACSOL website, however, ACSOL must wait until the Pacific Legal Foundation (PLF) issues a press release before it publishes an article describing the court’s decision. PLF  issued a press release regarding the decision on Wednesday, January 18.  A copy of that press release is posted here on the ACSOL website.   Download the PDF…

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International Travel 2023

This post is intended as a place for discussions about International Travel ONLY. For more information and previous discussions on the topic, please see International Travel 2022, International Travel 2021, International Travel 2020 and International Travel 2019. In this International Travel 2023 post, the information is identical to the International Travel 2022 post. We added a new post for 2023 in order to keep the discussion manageable. Please help us by sticking to the topic of International Travel only. ==== From 2020: We have updated our main International Travel section. It…

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Janice’s Journal: Don’t Feed Oxygen to a Fire

ACSOL is aware that articles have been published and TV reports have been broadcast that are spreading misinformation about alleged early releases from prison of several hundred registrants in California.  These false articles and reports claim that the registrants pose a current danger to the public.   ACSOL has decided not to publish these articles and TV reports on its website because they are not based on reality.  Instead, they are based on unsupported allegations made by an attorney in California who is a former prosecutor.  The same attorney is also…

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Frank Lindsay’s Health Continues to Improve

1/21/23 UPDATE: Frank Lindsay continues to heal outside the hospital. He requires oxygen 24/7 and is undergoing physical therapy. Frank received his tier assignment earlier this month and his petition for removal has been filed in the county where he resides. With luck and prayers, Frank will be off the registry as well as free from the use of oxygen tanks before the 4th of July.   Original post: ACSOL leader Frank Lindsay’s health continues to improve although he remains hospitalized due to low oxygen levels. Frank was initially hospitalized…

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Federal Court Stops Lawsuit Challenging Denial of Base Access

A federal district court judge has stopped a lawsuit filed on behalf of a registrant who is also a military retiree and denied access to a military base solely because he is currently required to register.  According to that judge, access to a military base is a privilege and not a right.  The judge also noted that a base commander has absolute authority to control access to a military base. In addition to granting the federal government’s motion to dismiss the case, the judge denied plaintiff the right to amend…

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Santa Cruz judge denies general ‘transient’ release to [former] “sexually violent predator”

SANTA CRUZ — The bid to release a twice-convicted rapist into the community without a set, permanent residence failed Tuesday. Bonny Doon residents rallied at the county courthouse in November to speak out against “sexually violent predator” Michael Cheek being housed on Wild Iris Lane. (Shmuel Thaler — Santa Cruz Sentinel file)  Santa Cruz County Superior Court Judge Syda Cogliati ruled against a “transient release” petition by 71-year-old Michael Cheek, designated by the state as a sexually violent offender. In November, Cogliati approved Cheek to move under supervised release into a…

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Janice’s Journal: Halloween Is Here Again

Earlier this week I was preparing to write a column about Halloween when I was interrupted by a more pressing matter. I am glad that I was interrupted because the message of that column is no longer true. The original focus of my message was about Halloween and that is the focus of this column. The difference, however, is that the original column was going to address the seeming lack of Halloween restrictions being levied against registrants as well as the lack of media inquiries. Unfortunately, the actions of two southern…

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WA: Thousands of formerly incarcerated people in Washington allowed to vote with no carve-outs

WASHINGTON, USA — The November midterm elections are less than two weeks away and for thousands of people in Washington, it’s the first time they are eligible to vote under a new law that restored voting rights to formerly incarcerated people. “I was actually incarcerated at 17,” said Cyril Walrond. Walrond spent 17 years in prison and was released on Aug. 1 at the age of 34. “The very next day to register to vote and to vote in the primary, really gave me a sense of connectivity within my community, where…

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CA Court Grants Contested Petition for Removal from Registry

A judge in Pasadena Superior Court yesterday granted a petition for removal from the registry despite an objection filed by the Los County District Attorney.  The petition was filed on behalf of an individual who was convicted 25 years ago in the same court and by the same judge. According to the District Attorney (DA), the registrant should be required to continue registration in order to “significantly enhance community safety.”  The only evidence presented in support of this position by the DA were documents related to the initial charges and…

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PLF Files Two Motions in SORNA Regulations Case

The Pacific Legal Foundation (PLF) this week filed two motions in the pending federal lawsuit challenging SORNA regulations that became effective earlier this year.  One of those motions asked the court to approve the use of pseudonyms for four individuals identified as John Doe #1, John Doe #2, John Doe #3 and John Doe #4.  The court granted that motion one day after it was filed. The second motion is a request for preliminary injunction which would, if granted, stop enforcement of some SORNA regulations.  A hearing for this motion…

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Rebecca Myers: “I have spent 25 years treating serious sexual offenders – this is what I’ve learned”

“Sexual offenders can be deceitful and cruel. But they may also be ashamed and desperate to change. Helping them is the only way to prevent more victims.” ” ‘I’ve got a list of questions I’d like to ask you about your sexual offending against children, if that’s OK,’ I say. ‘You might find some of them … ‘ I pause, unable to find the words, ‘ … a bit detailed and personal.’ The grizzled old man sitting in front of me nods, but does not make eye contact. I don’t…

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CA: Lakeside neighbors furious over home housing sex offenders

SAN DIEGO — Frustration and worry have grown in Lakeside over a home that is housing a group of registered sex offenders in a family neighborhood. Neighbors say they checked the California Megan’s Law website, and were surprised to learn five sex offenders were living in the home.  Some reached out to CBS 8 for answers as to why they weren’t notified. “I’m so angry about this, it’s not fair,” said Jeanette. Lakeside neighbors are fuming after learning five registered sex offenders are living under this roof on Sesi Lane…

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Court to Rule on SORNA Regulations Motion Without Hearing

The Pacific Legal Foundation (PLF) decided today to waive oral argument regarding its pending Motion for Preliminary Injunction filed in the SORNA regulations challenge.  The decision to waive oral argument was made by PLF after the court delayed six times the date of the hearing on that motion.   In the absence of oral argument regarding the motion, the court will make its decision based upon the extensive written record provided by both parties.  The court does not have a deadline by which to make its decision, which could affect the…

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