ACSOL President Catherine Carpenter, who is also an endowed law professor at Southwestern School of Law in Los Angeles, has identified and analyzed a method that can be used to win registrants’ cases in court. That method, known as the irrebuttable presumption doctrine, shifts the burden of proof to governments when they make allegations such as that all registrants pose a current danger to society and are very likely to re-offend. “Professor Carpenter has provided an extremely valuable tool to the registrant community in the research she has conducted that…
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CA: Government Files Motion to Dismiss SORNA Complaint
Source: ACSOL The federal government filed on February 13, 2023, a motion to dismiss the pending lawsuit which challenges SORNA regulations that became effective in January 2022. The motion alleges that the complaint fails to state a claim and that one of the plaintiffs lacks standing. A hearing regarding this motion is scheduled for April 5, 2023, in federal district court in Riverside, California. While the motion is pending, the preliminary injunction granted by the court on January 13, 2023, will continue. That injunction prevents the federal government from enforcing…
Read MoreCA 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…
Read MoreCourt 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…
Read MoreACSOL Files Lawsuit Due to CA DOJ Failure to Provide Tier Assignments
ACSOL filed a lawsuit in Sacramento Superior Court today alleging that the California Department of Justice (CA DOJ) has failed to provide tier assignments to thousands of California registrants and thus violated a state law that required all registrants to receive a tier assignment by December 31, 2022. As a result of the agency’s failure, there are thousands of registrants who are being prohibited from petitioning for removal from the registry. According to the lawsuit, CA DOJ failed to provide tier assignments to 12,438 registrants as of November 2022. This…
Read MoreOutgoing Message from ACSOL President Chance X. Oberstein
Dear ACSOL Members, As I complete my fifth and final year as President of ACSOL, I notice that our organization, and membership at large, has never been more relevant and important for those of us working to improve the lives of registrants in California and across the nation. I’ve come to think of ACSOL as best in its class in representing the interests and fighting for the civil rights of those most vulnerable in our society today: registrants, their families and loved ones. ACSOL has been about the business of…
Read MoreACSOL Elects New Leaders
ACSOL has elected law professor Catherine Carpenter as the new president of its board of directors. Professor Carpenter previously served as Vice President of the board of directors for about five years. Professor Carpenter teaches at Southwestern Law School in Los Angeles and has authored a series of law review articles questioning registries, residency restrictions and related laws. ACSOL also elected sociologist Emily Horowitz as the new vice president of its board of directors. Ms. Horowitz previously served as a member of the board of directors for about four years. …
Read MoreFrank 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…
Read MoreSuperior Court Judge Grants Petition Despite DA Objection
Source: ACSOL An El Dorado County Superior Court judge today granted a petition for removal from the registry despite an objection from the District Attorney (DA). According to the brief filed by the DA, the registrant’s continued registration would significantly enhance community safety. The DA based his objection upon the facts of the original offense that took place in 2005 and ignored the registrant’s rehabilitation that included being a successful business owner and participating in a stable relationship ending in marriage. In making her decision, the judge stated today that…
Read MoreFrank Lindsay’s Health Now Improving
Frank Lindsay has been removed from a ventilator and his health is improving, according to his daughter. Not only was Frank diagnosed with COVID, he was also diagnosed with pneumonia. “Frank’s unanticipated recovery may be due to the five medicines he was provided including two antiviral medications as well as two antibiotic medications,” stated ACSOL executive director Janice Bellucci. “It is also likely that thoughts and prayers are helping him heal.” Frank was hospitalized on Monday evening after complaining of difficult breathing. Due to low oxygen levels, he was placed…
Read MoreACSOL Leader Frank Lindsay on Life Support
ACSOL leader Frank Lindsay has been placed on life support after being diagnosed with COVID. He was hospitalized on Tuesday after complaining that he was experiencing trouble breathing. “Please include Frank and his family in your thoughts and prayers,” asked ACSOL Executive Director Janice Bellucci. “It is possible although unlikely that Frank will recover.” Frank is author of the book, “We’re All in This Together,” which inspired the creation of ACSOL more than 12 years ago. Frank has befriended many people in the registrant community and provided assistance to them…
Read MoreACSOL, Foundation Board Members Identify 2023 Priorities
Members of both ACSOL and Family Safety Foundation (FSF) boards of directors conducted their annual face-to-face meeting yesterday to discuss challenges facing registrants and their families. During that meeting, the boards identified two top priorities for the year 2023: improvements to the Tiered Registry Law and suing the CA Department of Justice for its expected failure to assign tiers to all registrants. ACSOL will lead the challenge of improving the Tiered Registry because it will require lobbying the state legislature in Sacramento. Proposed improvements include reduced tier reductions for those…
Read MoreUpdate: ACSOL Demands End of Halloween Signs for 2 county sheriff’s offices
ACSOL sent a letter today demanding that the Sheriff in Faulkner County, Arkansas, immediately end a county wide program that requires all registrants in that county to post a sign on the front door of their home on Halloween. The letter warns that if this demand is not met, all available legal remedies will be pursued. “Courts have consistently determined that Halloween sign requirements for registrants are unconstitutional,” stated ACSOL Executive Director Janice Bellucci. “That is because the signs are compelled government speech and violate the First Amendment.” The most…
Read MoreCA 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…
Read MorePLF 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…
Read MoreCourt 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…
Read MoreIllinois Civil Rights Attorney Adele Nicholas to Join ACSOL Conference
Illinois civil rights attorney Adele Nicholas will join the ACSOL conference on October 1 in a presentation regarding her recent significant legal victory in the 7th Circuit Court of Appeals. In that decision, the Court reversed a prior ruling and determined that a city law that limited the number of registrants who could live there had been applied retroactively. Ms. Nicholas will join ACSOL Executive Director Janice Bellucci in a discussion starting at 3:30 p.m. regarding possible methods to overcome the U.S. Supreme Court decision, Smith v. Doe, issued in…
Read MorePA Attorney Aaron Marcus to Speak at ACSOL Conference
ACSOL is pleased to announce that Aaron Marcus, lead attorney in a recent successful case in Pennsylvania, has agreed to speak at this year’s virtual conference on Saturday, October 1. Marcus will provide an in-depth analysis of the Torsilieri decision, describe the significant efforts leading to that success as well as possible future applications of that case. Marcus’ presentation will begin at 9:20 a.m. (Pacific) and include law professor and ACSOL board member Catherine Carpenter who recently completed a comprehensive law review article regarding the irrebuttable presumption doctrine that was…
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