LA: Property owners sue over municipal ordinance
A Louisiana Couple has asked a federal judge to issue a preliminary injunction blocking St. Tammany Parish from enforcing its new ordinance restricting where people on the sex offense registry can live.
The law seeks to prevent “clustering” of registrants and impose additional housing restrictions. The case is somewhat similar to what is happening here in Putnam County and will be one to follow.
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I think I just mentioned it elsewhere but worth repeating: local-level restrictions are often overlooked in reports about laws impacting Registered Persons, but there are some incredibly insane restrictions at the local level. Even in state without statewide restrictions, you may run inro local ordinances that can pretty much make an entire community off limits. You may find residency, anti-clustering, anti-loitering or presence restrictions, Halloween/Holiday/special event bans, employment bans, and additional fees. I’ve found communities of less than 500 people with ordinances, the smallest (in Wisconsin) only having 133 people. This is insane!
1. The Duty to Register Exists Only Because of the Original Conviction
A person with no criminal record has no duty to register.
The sole reason someone must report their whereabouts, addresses, employment, or internet use is their past conviction.
Therefore, the registration obligation is a direct consequence of that offense — not a general civil duty like paying taxes or renewing a license.
2. Failure to Register Criminalizes Non-Action Tied to the Original Crime
When a registrant fails to comply, they can be charged with a new felony.
But that felony does not exist independently — it only applies because of the underlying conviction.
This means punishment continues to flow from the original offense, even decades after the sentence has been served.
3. The Registry Imposes Affirmative Restraints Like Traditional Punishment
Registrants face ongoing supervision-like requirements:
Regular in-person reporting.
Continuous updates to police about addresses, vehicles, employment, and travel.
Residency restrictions and housing bans.
These burdens are similar to probation or parole — which the Court has always recognized as punishment.
4. The Public Branding Effect Functions Punitively
Registrants are publicly listed with photos, personal data, and past crimes.
This exposes them to stigma, harassment, and exclusion from housing and employment.
Such consequences resemble the historical punishments of shaming and banishment, which the Court has considered punitive in nature.
5. The Ex Post Facto Clause Should Apply
The Constitution prohibits retroactive punishment.
Labeling the registry “civil” does not change its punitive effect.
Courts must look to what the law does in practice, not just what legislators call it.
@No end
You are preaching to the choir. We all know that, the judges know that, but they will not admit it is punishment. And the public is led to believe that none of the registry is punishment but a duty to notify the masses of how dangerous we are. I can only name one or two instances where someone on the registry did anything other than forgetting to register an old un-used email address.
It is like if we were all suddenly were removed from the registry, sex offenses would go up by 1000% and there would be chaos, right? That is what the law makers want the public to do and think, be in fear of us getting off the registry so we can suddenly offend with free will.
What is the justification argument for the anti cluster ordinances that are occurring? Communities pass the residency restrictions thereby creating these clusters. It cannot be fearmongering alone
When Detective Breedlove was in charge of the SOR in Hernando it was very very fair. They literally complied with really what they had to and rarely did I feel harassed. He even kinda shielded us from the Chief which his perspective is any time of the night is the only time to do a spot check like 1am. When the Det. Died of covid I was officially in Colorado. BTW(recommended looking for offenders love it there feel like human being even when going to county recorder) the next Detective to take over is out for anything and we are easily everything is a felony. Between him the the chief its miserable. Officer discretion on anything out the door. Got to argue it on court sorry type situation. That’s just in 3 years so it will get worse I see it.
@Crazy
That is why as soon as my probation was over, I moved to another county. It was like the difference between night and day. At the former county, the city cops would come by, the County sheriffs would come by, and on occasion I would get a visit from a FDLE agent.
On top of that, my probation office came by twice a week and more frequent when neighbors made up things I cannot even mention on here to get me violated. I passed every single polygraph test and the probation officer told me either I am the best liar in the World, or you are telling the truth. That was also used in court when my lawyer petitioned for early termination of probation. I was denied but went back a few years later with a different judge and I got the remaining 4 years dropped. That was 23 years ago and have been free since, “Other than the registry” and my crime was 35 years ago.
Retired military here.
After done with my FTR sentence I am back in colorado, California or oregan. Moved my entire life so I will never set foot back in florida. 2 kids being raised here and two different mothers understand why. Family is screwed if I get another FTR here and locked up for I financially stabilize 3 different families with my income. Mine, my one son, and my other son too pay child support here too. Florida separates families
I have heard from Several deputies who actually like the clustering, because they do not have to drive around all day trying to find them as they are all on the same block, close area or sometimes several in one house.
There was one guy who owned a lot of homes and rented to ex-offenders and would take them in his van to go and register.
It is funny (Not funny) that so many law enforcement agencies act so differently. Where I register and when the deputies come out for a home visit, it is usually professional and not degrading. Other cities or counties I have seen people on F.A.C state they wish they could move because they get harassed more by the cops than the neighbors. And some did take the plunge and move somewhere a bit more inviting (in law enforcement standards).
The Hillsborough County deputies are disrespectful for the most part. But for some reason they come about every 45 days. Its absolutely out of hand. They piss off the neighbors more than anything just asking to verify my adress. They are desperately trying to catch and arrest as many as possibly for these BS violations. Its a wich hunt without a doubt.
I’ve lived in okaloosa county the majority of my registration since my conviction in 2008, and have never been harassed by the cops here. Maybe I’ve just been fortunate, who knows.