Lawsuit Challenges Union County’s new 2500 foot “travel through” ban.
We promised you guys that FAC would push to hold municipalities accountable when they pass laws that cross the line. We told you, when Union County enacted their new restriction that essentially made it illegal to “drive/walk/bicycle while registered”, that if we allowed this law to go unchallenged, it would spread like cancer.
A couple of weeks ago, a federal legal challenge was filed against Union County. The suit was brought by Florida Justice Institute (who successfully challenged a similar ordinance in Brevard) and names two Florida registrants as plaintiffs. We promised FJI we would delay the promotion of the lawsuit’s filing and redact the identities in order to better protect the brave plaintiff’s identities from retaliation.
In Lake Butler, the county seat, the lawsuit alleges that the 2,500-foot zones cover most of the town—including public roads, businesses, the post office, government offices and even the county courthouse. There are no signs telling registrants where the forbidden zones begin and end. The school-bus-stop map can even change without notice.
Simply driving through one of the exclusion zones gets you up to 60 days in jail, a $500 fine, or both.
The lawsuit argues that the ordinance violates the First and Fourteenth Amendments, the Ex Post Facto Clause, and Florida’s constitutional right to intrastate travel. It also challenges the ordinance as unconstitutionally vague.
The municipal ordinance doesn’t subject registrants to arrested for committing a new crime (unless you consider the “crime” driving while registered). They’re being threatened with arrest for driving on a public road, stopping for groceries, going to the post office — or attempting to speak to elected officials.
Just like the Putnam County municipal ordinance challenge filed earlier this year (Putnam’s ordinance makes it illegal for a registrant to live within 500 feet of another registrant), if these laws go unchallenged, every neighboring County will think it’s a great idea and certainly enact an identical law.
Much thanks to FJI for representing the plaintiffs and much thanks to the plaintiffs themselves for the courage to put themselves out there on behalf of all Florida registrants. You can read the complaint below:
Union County Complaint_Redacted
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During the Great Depression Amarillo, Texas had a sign at the city limits saying, “Black man, don’t let the sun go down on you here.” Replace verbiage from the Amarillo sign and replace it with “sex offender” and you get the same message Florida cities, towns, municipalities, and counties are saying.
Floridian lawmakers, law enforcement, and ordinary citizens (not registrants or their families) have completely lost their ever loving mind.
Thank you for the intellect and bravery to stand up for people who have been greatly marginalized. We are in a time that is reminiscent of the Salem witch trial period where mass hysteria/fear overrode common sense for about 20 years.
A few days back, someone asked about filing friends of the court things to bring attention to the 27 people arrested in technical violations. Have we looked into that yet?
This is horrific. I cannot even get my thoughts together for a informative comment.
Keep fighting!
Could you fill us in on the Brevard case are we allowed to travel through Brevard now because there were certain areas that were off-limits merely passing by and it was just better to avoid the country than constantly consulting with a land surveyor foot by foot if I was in a safe area.
Yes – https://floridaactioncommittee.org/brevard-county-settles-costly-lawsuit/
So am I to understand that the Union County commission passed an identical ordinance that Brevard County just (presumably) repealed after spending over $250k defending it and losing? If so, registrants need to show up to every Union County meeting solely to berate these members, no matter what the agenda says. Especially if the ordinance was passed after the Brevard County settlement.
Eugene
Way back when I was on house arrest in the 1990s, I could go anywhere I wanted, other than a school. I did have to fill out paperwork to the places I was going to be like visiting my parents, going to the store or the doctor. But there were no zones I could not pass through.
Decades later, off of all sanctions, other than the registry, we have numerous restrictions piled on us every session made more and more punitive, regardless of them calling it administrative. AND, they get away with it, but……………..F.A.C seems to be on it like a hot potato. Regardless, something has to change or someone on either side is not going to end up well.