California RSOL fights Proximity Restrictions… WAKE UP BREVARD COUNTY!!!
Brevard County has an ordinance that not only precludes the residency of sex offenders, but where they can be physically present.
Seriously! The Brevard County Ordinance states, “No sexual offender or sexual predator shall enter into or remain within the 1,000-foot buffer zone surrounding any school, daycare center, park or playground…” The only exceptions are doctors appointments, lawyers appointments, licensed social services interviews, to comply with a court order, go to a criminal justice facility, attend a school as a registered student (like that will ever happen), to fulfill duties of employment, take your kids to and from school, go to an emergency shelter that accepts sex offenders (like that will ever happen), attend church or vote
Several practical issues come to mind…
First, are there circles on the ground that identify the “no enter” zones? Are all playgrounds clearly marked or do offenders need to do an aerial survey of their local Costco to see if there is a playground a block behind the store or behind a fence? Do offenders need to carry a 1000 foot tape measure to ensure that no part of their local Starbucks encroaches 1000 feet of a day care? Are prohibited dry cleaners marked as such or is there a publication of “sex offender accepting” retail stores so registrants will know they are clear?
Second, what’s the availability of “acceptable” establishments or services? Do registrants need to select their service providers (from accountants to barbers) based on their location rather than their professional ability? Are there an equitable amount of “separate but equal” services available to registrants? Are there ANY available golf courses for registrants?
Third, how is this ordinance being enforced? Say, for example; it’s your 50th birthday party and your brother, a registrant, is in attendance. The party is in your home, 800 feet from a school. Do the police show up at the front door checking the registration status of your guests?
Also, Should the burden fall on the family member to find an acceptable “alternative” venue if they want to include a registrant at an event or be forced to effectively exclude the registrant? What if it’s an elderly parent? Do you need to uproot and relocate your elderly parent so you can check in on them or provide care just because you committed an offense thirty years ago? It’s one thing to punish the registrant, but this also imposes a severe burden on their family and friends.
Registrants in the State of California had the courage to stand up and say enough is enough and is in the process of initiating a lawsuit against the City of South Pasadena for their proximity ordinance. (See more here). And their ordinance is only 300 feet!!! Brevard County’s is 1000 feet!!! WAKE UP PEOPLE OF BREVARD!!! It’s time to stand up and sue!
If you are a registrant or family member of a registrant in Brevard County, please contact legal@floridaactioncommittee.org or submit a case consideration form NOW! We are organizing a challenge and need people willing to stand up.
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One more thing- An e mail was sent to Brevard Tracking Unit asking where a registered citizen can legally shop. My nephew is recently released and is trying to do everything the right way and turn his life around. He has a job and is taking classes. So far, I have gotten no response from Brevard. I asked if they had a map. You can’t get anyone to answer the phone. How are you supposed to know where a daycare is near a target or a Wal-Mart if you can’t use a computer. Something has to be done.
What is the status of this in the courts?
We strongly urge anyone subject to the Brevard County Ordinance to contact legal@floridaactioncommittee.org.
what ever happened to this law?? did it get tossed??