I might be missing something, but if sexual assaults are not reported, how can one infer a rate of under reporting? No doubt some assaults are not reported, but is the rate high or low? Since this assertion is not quantifiable, its only value lies in the fact that it cannot be refuted, and is inserted into legal arguments only for its prejudicial effect.

The question asked was whether or not Sec 21-281of the county code (better known as the Lauren Book Child Safety Ordinance) was intended to be Remedial or Retributive. If the County Commissions intent was remedial, which both parties have agreed it was, the next inquiry is regardless of intent did the plaintiffs established by the “Clearest Proof” that the punitive effect of the residency restriction overrides the County’s legitimate intent to enact a non-punitive, civil measure.

Being a “Facial” Ex Post Facto challenge recidivism rates just do not matter. One side says its low, the other side says it’s “frightening and high”, neither side can disprove the other. The second argument of the availability of housing has some force but it in and by itself does not suffice. The hurdle is the “Clearest Proof”

The County clearly demonstrated other factors inhibiting the sex offenders ability to obtain housing such as plaintiffs financial ability and considering sec 21-283(a)(b)(c), the reluctance of property owners to rent to sex offenders as understandable.

this what happens when you trust in people!!

By only prohibiting sex offenders from living within a 1,000 foot buffer zone has the “STATE” created a right for the restricted offender to live anywhere outside that that 1,000 foot buffer? Could it be argued that local governments enacting larger zones are therefore intruding on that State created right?

No Let’s continue to argue about recidivism and ex post facto

I do not care about recidivism rates of sex offenders. One side says its low, the other side says it’s “frightening and high”, neither side can disprove the other.

It doesn’t matter to me nor to any Court whether or not the residency restriction imposed by Metro Dade County is in fact the cause of the high number of sex offender transiency in the County since its enactment. Remedial or retributive? Noting “Nothing but the clearest proof will survive.”

All that matters to me is the rule of law, State constitutional law, State legislature intent, statutory construction, history, text and structure, of 775.215.

This inquiry will begin with or without the help of FAC.

Senator Crook?

We need to make a registry of every judge, politician & law maker. Property records are public record same as criminal record, lets see how fast they rethink these draconian laws when there is a registry with their home addresses on it