LAKE MONROE, FLORIDA – September 16, 2015
The Florida Action Committee (FAC) has sued Seminole County and its Sheriff over the County’s proximity ordinance, which prohibits certain registered sexual offenders and predators from traveling through or being present within “exclusion zones” that encompass most of the County. The problem is that the zones are so broad and so vague that law abiding registered citizens cannot comply with the ordinance.
Florida Institutional Legal Services Project of Florida Legal Services, a non-profit law firm, represents FAC in the lawsuit, which was filed today in Federal Court in the Middle District of Florida.
The lawsuit alleges the ordinance violates the First, Eighth and Fourteenth Amendments of the Constitution, as well as a citizen’s right to intrastate travel under the Florida Constitution. “The ordinance literally makes it impossible for a registered citizen to travel through the County without risking criminal prosecution” said Gail Colletta, President of FAC.
The ordinance, which is applied to all registered citizens regardless of their date of offense and endures for the rest of their lives, prohibits individuals convicted of certain sexual offenses from traveling through or being present within 1,000 feet of any school, daycare center, park or playground in Seminole County. The resulting exclusion zones extend onto public roads and sidewalks. In areas such as Sanford the exclusion zones overlap and create barriers to any kind of travel in or through the city. Registered citizens are not permitted to enter or even travel through the exclusion zones except for very limited exceptions. The exceptions do not allow routine lawful activities such as such as banking, food shopping or visiting family. Many public transit bus stops and all bus routes are in, or pass through, exclusion zones.
The exclusion zones are not marked and registered citizens have no way of determining where zones begin or end. Playgrounds are defined to include public and private play areas, many of which are not reflected on any maps. A person can be found guilty of violating the exclusion zone even if they unintentionally enter the zone and registered citizens are at constant risk of inadvertently violating the Ordinance. The Ordinance also applies to all registered citizens traveling through the County even if they do not reside there and have no knowledge of the restrictions.
The lawsuit seeks a permanent injunction preventing the county from enforcing the Seminole ordinance.
A copy of the lawsuit can be found here: http://floridaactioncommittee.org/wp-content/uploads/2015/09/FAC-v-Seminole-Complaint.pdf
– – –
Florida Action Committee (FAC) Founded in 2006 as a non-profit advocacy group, is a state-wide consortium of concerned citizens and professionals whose purpose is to promote the prevention of sexual abuse while preserving the safety and dignity of all citizens through carefully structured laws targeting the truly violent, forced, and/or dangerous predatory acts of sex. FAC believes that many aspects of the current approach to sex offenders seriously undermine justice and actually increase the threat of sexual assault against others, particularly children. FAC opposes a publicized registry of sex offenders and seeks to bring an end to the humiliation of people who have already paid for their crimes. FAC asserts that only by supporting justice for all people—offenders and victims alike can a truly safe society be built and secured for all Americans.
Florida Institutional Legal Services Project The FILS Project is dedicated to protecting and advancing the rights of indigent people in state custody by providing high quality legal services. FILS represents juveniles, immigrants, inmates, prisoners and other detainees in a wide variety of state and federal institutions. Our advocates represent the institutionalized and the recently released in individual cases, class actions, and impact litigation.
Has anything happened with this? thanks
It was voluntarily dismissed. After the judge ruled our plaintiffs could not proceed anonymously, they dropped out for fear of retaliation. It’s hard to sue the people who are enforcing the law against you.
Oh I am so sorry for that….but I understand entirely.
Is this still ongoing? When is an outcome to be expected?
It is – these cases take a long time
Just curious – when this case is won will it also demolish the living restrictions? I ask because in essence that are based on exclusionary zones .
No. The proximity ordinances and SORR (sex offender residency restrictions) are two different issues. SORRs control where you can live (effectively, where you can be between 10PM and 6AM and Proximity ordinances control were you can go 24/7.
CASE law Patricia Johnson; Michael Au France, Plaintiffs-appellees, v. City of Cincinnati, Defendant-appellant, 310 F.3d 484 (6th Cir. 2003)
http://law.justia.com/cases/federal/appellate-courts/F3/310/484/495639/
http://enquirer.com/editions/2003/06/10/loc_exclusion10.html
Thanks WIll! great Sunday morning reading 🙂
Also, I guess these comment sections are the place to get some attention. I’m in the same boat as ‘mark’ who commented on the “Get Involved” article in that I tried to contact FAC about joining the class action suit concerning internet identifiers, and haven’t heard a thing back….*crickets*
Scott- please send an email to [email protected] and someone will get back to you. I assure you.
okies, will do.
I’d be curious to know what grounds they would use for a motion to dismiss. Can we get a copy of the case. I would love to read it.
Certainly, Mike – here’s the link http://floridaactioncommittee.org/wp-content/uploads/2015/09/FAC-v-Seminole-Complaint.pdf
copy and paste it into a browser.
Thank you, thank you, thank you!
What happens now? Is there a hearing that we can attend and where would that be?
Now we (1) serve the defendants, (2) wait for their answer which can be (a) a motion to dismiss or (b) an answer. No hearings have been set yet, but we’ll let everyone know.
Sorry I know not a constructive comment but FAC saying ” … asking a politician to do cartwheels naked down the hallway of the capital …” made me smile – wouldn’t that make them a registered citizen? LOL
Although I applaud FAC for taking this, and several other local issues, on, I can’t help but think that this is like whack-a-mole. Excuse my ignorance, but wouldn’t it be quicker and more cost effective to draft statewide legislation that would prevent cities and counties from passing these onerous restrictions in the first place?
On an unrelated but frustrating issue: When using the Google Chrome browser, there is no way to make the first comment on a post. One can only reply to a post already made. I am using Internet Explorer to make this one. An issue the webmaster may need to look into?
Drafting legislation won’t happen. You would have a better chance asking a politician to do cartwheels naked down the hallway of the capital than enact any legislation that would prevent the passage of these onerous restrictions against sex offenders. That would be political suicide and will never happen. We need to sue in order to get change.
Jerry, I agree that if it were possible to just draft legislation and get our senators and lawmakers to go along with it, it would be easier for all. However, fac-Admin makes a very valid point. The only way to get rid of laws or enact a change is through a lawsuit. In this instance, we can go back to say, the California Model and assert Case Law, or a law that has already been passed to mitigate an onerous one, to have a legal “leg to stand on”. By doing so, we also ensure that we don’t get into a Roe v. Wade situation. This law is constantly being challenged and undermined on the state and local levels. Roe v. Wade was the Landmark decision asserting every woman’s right to have an abortion, yet, local and state lawmakers continually re-define the language to get around that to pass what I see as almost punitive laws when it comes to a woman’s right to choose.
I am a sex offender and a Disabled Veteran who travels a lot to fish and I wonder would I be arrested just going through a Federal State run road i.e I-95 or I-4?
If you are in Seminole, you would be violating the ordinance.