[chicago.suntimes.com – 3/25/21] The state’s job is to balance the needs and rights of… [people with a prior conviction] …with those of all others. A single building in Englewood, a neighborhood with plenty of struggles, has been home to not one or two or even three… [people listed on the registry] …— but to literally dozens. That strange and — for most Americans — troubling fact came to light recently when people in the neighborhood became aware of, and objected strongly, to one man in particular who had moved into…
Read MoreTag: Federal Law Suit
FL: Ex Post Facto Lawsuit Filed (FAC)
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
Read MoreMN: Protracted Sex Offender Program suit comes to end
A long-running class-action lawsuit over the constitutionally of Minnesota’s civil commitment program for sex offenders effectively ended Thursday when a federal judge dismissed the remaining claims but stood by his earlier statements that some revelations during the six-week trial shock his conscience. Full Article
Read MoreOH: Springfield Township man claims Ohio’s sex offender parole law won’t allow visits with son
A Springfield Township man filed a federal lawsuit challenging Ohio’s sex offender parole law as unconstitutional because it forbids him from seeing his 14-year-old son. Full Article Related https://reason.com/blog/2018/07/30/sex-offender-status-prevents-dad-from-se
Read MoreID: Judge Rejects Idaho Sex Offender Registration Lawsuit
A federal judge has rejected a lawsuit challenging Idaho’s sex offender registration laws, but the 134 anonymous sex offenders who brought the lawsuit have the option to refile the case if they can show the current laws caused them actual harm. Full Article
Read MoreMI: Sex offenders settle lawsuit over living in ‘school zones’
Three Grand Rapids men on Michigan’s Sex Offender Registry have settled a federal lawsuit against the state over housing requirements that restrict where they can live. Full Article
Read MoreACLU Files Lawsuit on Behalf of CA Registrant
ACLU filed a lawsuit in federal district court in Los Angeles last week on behalf of a California registrant who is on parole. According to the lawsuit, the registrant is being denied the ability to access social media as well as to attend and participate in church services. Subsequent to the filing of the complaint, the ACLU filed an application for a Preliminary Injunction this week. A hearing on the PI application will be held on November 27 at 10 a.m. in Courtroom 9C in the U.S. District Court, Central…
Read MoreSex offender housing restrictions: where the law, common sense and politics collide
It seemed simple enough. A law on the city of San Diego’s books to restrict where registered sex offenders can live has provisions deemed unconstitutional by the California Supreme Court. City Attorney Mara Elliott wanted the City Council to repeal the ordinance because San Diego could still be sued with it in place, even though the law hasn’t been enforced for years. But on Aug. 1, a majority of council members balked. It seems nothing is actually simple in politics when it comes to doing anything that could be distorted as going easy on…
Read MoreSan Diego Sex Offender Residency Law Faces Uphill Legal Battle
[KPBS] An attorney filed a lawsuit in federal court on Monday challenging a San Diego law that restricts where registered sex offenders can live. The City Attorney’s Office may now face the difficult task of fighting a legal battle it is not confident it can win. San Diego’s “Child Protection Act,” passed by the City Council in 2008, bars registered sex offenders from living within 2,000 feet of minor-oriented facilities, including arcades, schools, parks and libraries. The law has not been enforced since 2009 because of concerns over its legality.…
Read MoreJanice’s Journal: Shame On the San Diego City Council
The San Diego City Council took the wrong action for the wrong reason last week when they failed to repeal the city’s residency restrictions which, if enforced, would prohibit registrants from living in virtually all of that city. The wrong action was taken by five members of the City Council who voted against repeal of the city’s residency restrictions. The reason for their votes is beyond comprehension. In many votes taken by elected officials, the elected officials will vote against an issue because it is unpopular and could adversely affect…
Read MoreWI: Sex offenders win federal lawsuit against Village of Pleasant Prairie: “It’s going to open a lot of doors”
Sex offenders in Kenosha County have won a federal lawsuit against the Village of Pleasant Prairie, in a case that could have nationwide implications. The men who sued said the village’s sex offender residency restrictions violated their constitutional rights. Full Article
Read MoreMurrieta City Council Revises Residency Restrictions
The Murrieta City Council unanimously voted in favor of revising its residency restrictions on February 21. When it becomes effective, the revised ordinance will apply only to registrants on parole who live within 1,000 feet of schools and parks. The revised ordinance also limits the number of registrants who can live in individual housing units and creates exceptions for some disabled registrants. “The revised residency restrictions adopted by the City Council tonight will violate the Constitution and be inconsistent with recent decisions by the California Supreme Court,” stated ACSOL Executive…
Read MoreFullerton, Desert Hot Springs to Consider Repeal of Residency Restrictions
The City Councils of Fullerton and Desert Hot Springs are scheduled to consider repeal or revision of the residency restrictions in those cities on January 17. The residency restrictions in both cities were challenged in federal lawsuits filed in September 2016. According to current law in those cities, registrants are prohibited from permanently residing in virtually all parts of the city. In addition, Desert Hot Springs prohibits registrants from residing in that city on a temporary basis. A total of 18 lawsuits have been filed challenging residency restrictions in the…
Read MoreAdelanto sued over sex offender residency rules
A federal lawsuit challenges the city’s residency restrictions for registered sex offenders, concluding that the local ordinance’s exclusion zones “cover virtually all residential property within the city” and are more stringent than rules by similar municipalities. Filed Dec. 8 in U.S. District Court by Sacramento-based attorney Janice Bellucci, the lawsuit claims Adelanto’s local law violates the 14th Amendment, which ensures due process and equal protection of law, and is unconstitutionally vague. Full Article
Read MoreTwo Federal Courts Call BS on Banning Sex Offenders From ‘Child Safety Zones’
A couple of years ago, ____ ____, a registered sex offender who lives in Hartford City, Indiana, received a citation for sitting in his brother’s car. The car was parked outside his brother’s house, which happens to be across the street from a school. By sitting in it, ____ violated a local ordinance prohibiting anyone convicted of a sex offense involving a minor from entering a long list of “child safety zones”—including schools, parks, libraries, swimming pools, athletic complexes, movie theaters, and bowling alleys— or “loitering” within 300 feet of…
Read MoreTN: Lawsuit challenges Tennessee sex offender registry
Retroactive enforcement of Tennessee’s sex offender registry law is being challenged in a federal court lawsuit that mimics a separate, successful appeal that led to the nullification of retroactive laws in Michigan. Full Article Complaint
Read MoreFL: Preliminary Injunction granted (Internet Identifiers)
The Judge’s Order was just filed in our Motion seeking to enjoin the enforcement of the Internet Identifier changes and WE WON!!! Source (FAC)
Read MoreFL: The Dobbs Wire – A win in the 11th Circuit today!
A win in the 11th Circuit today! Miami-Dade is infamous for encampments of homeless registrants, permanent housing very scarce because of residency restrictions. Despite national media attention to bad laws that had people living under the Julia Tuttle Causeway–courts haven’t been much help. Now there’s an interesting development. A lawsuit in federal court challenging those residency restrictions had been dismissed. However, today a federal appeals court *reversed* that dismissal and sent it back to the original court for further proceedings. Congrats to John Doe #1, John Doe #2, John Doe…
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