CHICAGO – The ACLU of Illinois, joined by the Electronic Frontier Foundation, today asked the state supreme court to strike down the “incredibly broad scope” of limitations contained in the state’s sex offender registry laws. The amicus brief was filed in the case of ____ ____, a young man from downstate Normal who served a 12-month probation for a misdemeanor offense, which he completed. Though years have passed, Mr. ____ still is forced to navigate a series of onerous and cumbersome requirements under the State’s Sex Offender Registration Act (SORA). Full Article
Read MoreTag: Lawsuit
TX: Defending Sex Offenders One City at a Time
Richard Gladden might be considered a superhero among civil rights activists if he weren’t representing one of the most despised segments of the population: sex offenders. The 55-year-old attorney has been defending them in court for more than a decade, fighting for their rights in a society hell-bent on taking them away. Full Article Texas Voices for Justice and Reason
Read MoreTX: Small town sex offender laws in jeopardy
DENTON COUNTY — The fight over sex offender laws has come to Denton County in a big way. And it isn’t the only place. Five small towns near Denton now face legal challenges over their local sex offender ordinances. A sixth, the town of Justin, repealed its ordinance in December. “I’m not surprised,” said Denton attorney Richard Gladden. “I think the law is clearly on our side.” Gladden recently filed a string of lawsuits across the state on behalf of the group Texas Voices for Reason and Justice. The petitions target “general law” communities with a…
Read MoreTX: City denies illegality of sex offender ordinance
The Texas Voices for Reason and Justice, Inc. filed a petition in Travis County District Court alleging the city of West Lake Hills’ sex offender ordinance is in violation of state law. In response, the City Council voted Jan. 13 to instruct City Attorney Alan Bojorquez to file a denial of the allegations. Full Article
Read MoreJudge Denies TRO, Schedules New Hearing on October 1 [updated with media]
An Orange County Superior Court judge denied a temporary restraining order (TRO) requested by Richard Linington, a registered citizen, and Michelle Moreno, his fiancée, during a hearing on August 19 that would have prevented the enforcement of new residency restrictions in the City of Cypress. Also during the hearing, the judge recommended that the City refrain from enforcing the restrictions until an October 1 hearing on a preliminary injunction. “The City of Cypress has an opportunity to maintain the status quo by choosing not to enforce the new ordinance until…
Read MoreMN: Federal judge to rule on future of Sex Offender Program
Minnesotans could see more convicted sex offenders moving into their communities in coming months if a federal judge this week rules, as expected, that the state’s controversial system of confining offenders indefinitely violates the U.S. Constitution. Full Article
Read MoreJanice’s Journal: Carson Court of Opinion to Convene on July 21
The City of Carson has taken a stance. It has “declared war” against registered citizens. That war includes both presence restrictions which prohibit all registered citizens from visiting both public and private places as well as residency restrictions which prohibit all registered citizens from living in a significant part of that city. The Carson City Council knows that its laws do not comply with recent state appellate court decisions which are based upon interpretations of the state and federal constitutions. Members of that Council have stated publicly, however, that they…
Read MoreCourt Rules Against City of Carson
The L.A. Superior Court ruled today that plaintiff Frank Lindsay may amend his initial complaint and declared moot a request by the City of Carson for a demurrer in the case. In the initial complaint, Lindsay asked the Court to require the City of Carson to honor the terms of the settlement agreement reached between the parties in July 2014. The terms included a significant revision of the city’s presence restrictions in order to be consistent with current state law as well. In the amended complaint, Lindsay will ask the…
Read MoreMD: Lawsuit – Sex offender requirements applied retroactively
BALTIMORE — A class-action lawsuit claims the rights of at least 800 people listed on the Maryland Sex Offender Registry have been violated. The lawsuit, filed Friday in Baltimore City Circuit Court, says the state retroactively increased the length of time certain sex offenders had to remain on the registry. The Maryland Declaration of Rights prohibits laws that retroactively criminalize an act or impose a more severe penalty than was set when the act was committed. Full Article
Read MoreDE: ACLU challenges GPS monitoring of sex offenders (Updated)
The American Civil Liberties Union is challenging the constitutionality of a Delaware law that requires GPS monitoring of certain convicted sex offenders on probation. The complaint filed Monday targets a 2007 law that requires GPS monitoring of Tier 3, or high-risk, sex offenders who have been released from custody and are on probation. Full Article Update : ACLU of Delaware sues over sex offender GPS law (with copy of law suit)
Read MoreTX: Lawsuit targets Krum city law
The city of Krum was presented with a lawsuit Friday morning that alleges its sex offender residency restrictions are unconstitutional. Attorney Richard Gladden is representing 22-year-old Denton resident ____ ____ in the lawsuit. Gladden said ____ was convicted last year of sexual assault of a child in Tarrant County. Gladden said ____ grew up in Krum, but because of the city’s Sex Offender Registry Restriction Ordinance, he was ordered to leave his parents’ house in November. Full Article
Read MoreWanted: Protection for Kids (Editorial)
California is often labeled the most litigious state, and a rash of lawsuits around the state not only upholds this contention, but threatens the safety of California’s children. Local ordinances defining places where convicted sex offenders may not visit are apparently going the way of the dodo, under an onslaught of legal challenges aimed at expanding the rights of offenders. Two such lawsuits, targeting ordinances in Irvine and Orange County banning convicted sex offenders from visiting city parks and recreational sites, have resulted in those ordinances’ invalidation by a state…
Read MoreNY: Court of Appeals voids sex offender laws
ALBANY — The state’s highest court ruled Tuesday that state law restricting the residency of registered sex offenders supersedes local and county laws, rendering them obsolete. The 5-0 decision by the Court of Appeals marked defeat for Nassau County and any other municipality in New York state hoping to restrict the offenders to within certain distances of schools, parks, playgrounds, daycare centers and other places where children are likely to be. Full Article
Read MoreMN: Trial may bring changes to sex offender program
A federal court trial starting today could decide the future of the state’s controversial sex offender treatment program. More than 700 civilly committed sex offenders are suing the state claiming it’s unconstitutional to keep them locked up indefinitely and that they don’t get adequate treatment from the program run by the Minnesota Department of Human Services. Full Article
Read MoreProp. 35 belongs in scrap heap of flawed initiatives (Editorial)
California voters could not resist the chance to condemn human trafficking and sex offenders who prowl the Internet. In 2012, they approved Proposition 35, the Californians Against Sexual Exploitation Act, with 81.3 percent of ballots cast. The vote was as predictable as it was unfortunate. Powerful though it was politically, the initiative is a prime example of why, with rare exceptions, criminal law should not be written by initiative promoters. The 9th U.S. Circuit Court of Appeals made that clear last week by striking down the Proposition 35 requirement that…
Read MoreMN: Millions in legal costs trigger belt-tightening at Minn. human services agency
The Minnesota Department of Human Services, a giant agency with 6,628 employees and a biennial budget of $28.2 billion, is imposing limits on everything from filling vacant positions to out-of-state travel. The belt-tightening became necessary to bring the agency back on fiscal track after it racked up more than $4 million in costs from litigation over the treatment of sex offenders and the alleged abuse of people with disabilities, among other costs. Full Article
Read MoreOnline rights restored to sex offenders as Prop 35 is struck down (Radio)
The United States 9th Circuit Court of Appeals has struck down part of California’s Proposition 35, citing an infringement on free speech that is guaranteed by the First Amendment. Prop 35, a bill put on the ballot via initiated state statute, increased prison terms for human traffickers, required sex traffickers to register as sex offenders, and mandated that all registered sex offenders disclose their internet accounts, among other restrictions. Having been approved by 81% of the state’s electorate, the proposition passed with the highest success rate of any item on…
Read MoreAppellate Court Affirms Decision to Block Enforcement of Prop. 35 Requirements
The Ninth Circuit Court of Appeals today affirmed the decision of a federal district court to block enforcement of Proposition 35 requirements that all registered citizens provide a list of any and all Internet identifiers as well as any and all Internet service providers to law enforcement. California RSOL is a plaintiff in this case and was represented by the San Francisco ACLU as well as the Electronic Frontier Foundation. According to the decision, the requirements violate the 1st Amendment of the U.S. Constitution in at least three ways: (1)…
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