A Mixed Bag: Challenge to Florida’s “SEXUAL PREDATOR” Driver License Branding Dismissed—But Not on the Merits
The U.S. District Court has ruled against the plaintiff in a challenge to Florida’s requirement that the words “SEXUAL PREDATOR” appear prominently on the driver’s licenses of individuals designated as sexual predators. Bad news for this Plaintiff, obviously, but it’s not quite as bad as it seems.
The plaintiff, Lane Kirkpatrick, argued that forcing him to carry and present a driver’s license branded with “SEXUAL PREDATOR” violates the First Amendment by compelling him to communicate the government’s message every time he shows his ID. The State argued that he didn’t even have standing to bring the lawsuit. The court disagreed.
In fact, the judge found that Mr. Kirkpatrick did have standing, recognizing that he had presented evidence of real injuries, including a canceled hotel reservation, lost work opportunities, additional TSA screening, and the stigma he experiences whenever he has to present his license. The court also acknowledged that even a temporary violation of First Amendment rights is itself a cognizable injury.
So why did he lose? Not because the court decided the branding is constitutional. He lost because of the statute of limitations.
The court concluded that Mr. Kirkpatrick’s claim accrued when he first received a driver’s license bearing the “SEXUAL PREDATOR” designation in 2015. Because he didn’t file suit until 2023, the court held that his claim was filed too late under Florida’s four-year statute of limitations for § 1983 actions.
In fact, the judge closed the opinion by stating: “The Court makes no prediction as to the outcome of a challenge presented by a different plaintiff.” That is an important statement.
For those wondering what comes next, the opinion may actually point the way forward. FAC has spoken with an attorney for the Florida Justice Institute (who represented the Plaintiff). They are disappointed by the decision here, but not throwing in the towel by any means. If you are a person who was first issued a Florida driver’s license bearing the “SEXUAL PREDATOR” designation within the past four years, you would no have the same statute-of-limitations problem that prevented Mr. Kirkpatrick’s case from going forward. In other words, someone in that position could be a strong candidate to bring the very same constitutional challenge.
If that describes you and you are interested in pursuing such a case, please reach out to FAC. While we cannot provide legal advice or representation, we would like to hear from individuals who may be in a position to challenge this law before their limitations period expires and potentially make the introduction.
You can read the decision here: Kirkpatrick – Drivers License Case
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I wouldn’t call this result “a mixed bag.”
It’s a disappointing consequence of POOR legal representation. A lawyer is supposed to find a relatively sympathetic (within the context) and- most importantly- a QUALIFIED plaintiff!! Otherwise, you end up hurting the cause more than helping.
I am hopeful the case being put together by FAC will be better planned.
I understand the statute of limitations, however, if the harm was caused within the last four years then couldnt he file suit? For instance, if the hotel cancelled a reservation last week. Perhaps he never reserved a hotel room in the previous 10 years. The court is saying he misses out on his claim even though he didn’t know he would have potential unknown harms in the future? That makes no sense to me.
Spot on! It’s not that the harm occurred so long ago that the statute of limitations has expired, the harm is occurring in present day – there is no expiration!
Jay
The fact that we can be on the registry for life, even retroactively, and forever even after our sentences have been satisfied, and even after death, should speak volumes. Any other group of ex-felons would not have these hurdles and many of them are in and out of the system constantly but still given breaks, chances and do-overs.
We on the other hand are the stepchildren nobody wants to give relief to and appears that there is a blanket rule of “NO” when asked for any kind of relief from lifetime registration. There have only been just a handful of people removed from the registry in Florida, and many of those involved minor incidents like looking at porn or maybe being caught in sting where no real victim exists. But on the other hand, I have seen those same people get more time than someone who actually offended with a real person.
The judge you get when trying to get relief also is a big factor but, in my knowledge, it is hard to judge shop, but it does happen. That was how I got off probation, my past attorney waited until the right judge was on the bench and I got approved to be removed after getting denied 2 years prior from another judge who probably would not have given their own family relief.
Now I am awaiting my time to try and get off registration, but they keep moving the timeline. None of us are getting any younger.
So basically the court agreed with the PFTR, but said it was a Statute of limitations issue? If that is case should be a slam dunk if a plaintiff can be found and added to the case?
This could help in the future battles of we win for sure against any branding of IDs
Ryan
It just takes a judge that will listen, and/or one who believes in the law and relief. Also, there are some judges and even law makers who are starting to realize that the registry is in fact punishment. And not just punishment, but for some of us, retroactive punishment.
On the slip side, there are judges who wouldn’t give their own mother a break in court. There are stories of defense attorneys getting weak in the knees when they find out the judge their client was assigned to. Instead of wasting our money, the judge should review the case in advance and if they know they are going to deny, why not just say so and save us some money, but I know that is not how the system works.
See like we have a court who Will listen need someone to step up
Ryan
I have too much baggage to be the chosen one, my case would sink the ship. Although I am not a saint, I have not re-offended in over 35 years. I made a mistake, but that mistake cost my freedom for decades and forever now until I can get off the registry, if ever.
The current registry system is worse than when I was on probation. My probation officer was super chill and as long as you kept out of trouble, you were good. Law enforcement in the city I lived in was so hard on registrants that once I got off probation, I moved to another city and have lived in the same place now without any issues for almost 20 years.
Tearfuleagle
I am sure you know, there is no such thing as a slam dunk case. We can walk into a courthouse with 1000 pages of evidence knowing you are going to win and then get denied. Then, another case (Mine) where my disability lawyer wanted to drop my case once he found out I was on the registry, but I told him I paid him and he was going to do his job. I won, but the attorney had no confidence at all and was surprised that I won.
I am listed as lifetime disability with no chance of improvement on my conditions.
I’ve learned through experience that you cannot always rely on the system to do what’s right. Sometimes you have to fight for every right and every benefit you’ve earned.
I have 32 diagnosed conditions related to combat injuries. During one deployment, I was blown up three times. After one explosion, I had blood coming from my eyes and ears, was given ibuprofen, told to rest for 24 hours, and then sent back to maintaining Abrams tanks in a combat zone. The next two blasts received much the same response.
Years later, when a panel of civilian and military doctors at the VA reviewed my case, they were stunned by what had happened and the level of care I received.
The Army initially determined I deserved only a 30% disability rating. I appealed. After an independent review, the panel increased it to 70%.
I’ve been through military proceedings, federal disability appeals, Social Security disability court over contested military findings, and criminal court. Those experiences have taught me how easily people can get the short end of the stick—and how important it is to know your rights, document everything, and never give up when you know you’re right.
The justice system, like any system, is made up of people. It can get things wrong. That’s why you can’t assume fairness will happen on its own. Sometimes the only reason justice is achieved is because someone refused to stop fighting for what they had earned and what they deserve.
Seems like you should have gotten 100% to me. My Dad got 100% disability from the military but he did not know he had cancer until after leaving the military. Probably from his tours in Vietnam.
Another cause im supporting but did get VA help.
One of the battles I’m still fighting is for the retirement benefits I earned through my military service.
The Army medically retired me with a 70% Department of Defense disability rating. As part of that process, I waived my military retired pay in order to receive Department of Veterans Affairs disability compensation. The VA later reviewed my combat-related injuries and awarded me a 100% disability rating and compensation.
Unfortunately, because I was medically retired under Chapter 61 with fewer than 20 years of service, current law prevents me from receiving both my full military retirement pay and my full VA disability compensation. This is known as the “wounded veteran tax.”
The proposed Major Richard Star Act would finally correct this unfair policy. It would allow combat-injured veterans who were forced into early medical retirement to receive both the military retirement they earned and the VA disability compensation they deserve—without one reducing the other.
An estimated 50,000 to 60,000 combat-injured veterans would benefit, with many gaining about $1,200 per month in restored earned benefits.
This is another fight I’m personally involved in. Like so many medically retired combat veterans, I’m not asking for a handout—I’m asking for the benefits I earned through my service and the sacrifices that ended my military career far sooner than planned.
What about that label listed on the public government registry website? And listed on the form registrants are required to sign or be imprisoned, that provides the info for that public government website?
There must be plenty of people in the last 4 years with this branding and certainly some of them must be reading this. If you are, please reach out to FAC, that’s the first step. And an easy step. Then you can decide if it is something you can do.
So, a majority of the homework is already done for a new plaintiff(s) and just need specific instances to insert for the new person(s). Is there anyone out there who can step up and be willing? The more the merrier here…
What is the funding for this and what is needed, if any?