Amended Complaint Filed in “In Person” Registration Challenge
Yesterday, an Amended Complaint was filed in Matthew 25 Ministries, Inc. v. Richard L. Swearingen. The lawsuit is a constitutional challenge to the myriad of requirements in the Florida sex offender registration scheme that require persons required to register to travel to a Sheriff’s office or Driver’s License office (or, in some cases, both) to report things such as a business trip or vacation of 3 or more days or a vehicle belonging to a cohabitant or visitor.
Matthew 25 Ministries, which had also been given the name “Miracle Village” or “City of Refuge”, is a colony of more than 100 people required to register as sex offenders who live among corn fields in the middle of nowhere. They live isolated and far away from most of society, because their housing community in Pahokee, Florida is one of the few areas in Palm Beach County where they can lawfully live in compliance with the residency restrictions that would otherwise legislate them into homelessness.
Matthew 25 is suing the Florida Department of Law Enforcement on behalf of themselves and other persons required to register, to block the enforcement of components of the law that require additional “in person” reporting beyond the 2 or 4 times they already must report in person. The complaint does not challenge the reporting of the information. It challenges that it must be made in person and within 48 hours, where there are periods in excess of 48 hours when the office to which they report is closed.
As the complaint illustrates; “if a registrant living at Matthew 25 Ministries needs to travel to New York for a family emergency that occurred on Friday after 3:45 PM, he will be unable to leave until Monday morning at the earliest, because he will otherwise be unable to comply with F.S. 943.0435(7), which requires him to report interstate travel at the Sheriff’s office, in person, within 48 hours.”
The very same information that in many cases can’t possibly me made in person, can be provided to the State through an online notification (similar to the one they have for the reporting of Internet Identifiers and other changes), by telephone, by email or through similar methods that would not require a person to chose between rushing to the hospital when a family member is in an accident or being charged with a crime.
Currently, the law makes no exceptions for emergencies or natural disasters and violations are a third degree felony carrying a minimum mandatory sentence with mandatory GPS monitoring.
A copy of the amended complaint can be found here: M25 v. Swearingen – Amended Complaint (filed)
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Identify the Federal question or protected liberty interest challenged ordinance violates.
Good to see the statute number was corrected. I did notice, under Relief Requested, after a) – d), a) – e) is listed with no break between d) and a).
Another thing i do not understand is that the visitors vehicle is not mine i am not on any paperwork of that vehicle how is it that i need to report something that isnt mine nor that i have any control over nor that the person has given me permission to report as such? And then have that person associated with me on that registry without having anything whatsoever to do with the case or its consequences?
So well argued, as usual, by Ron Kleiner.
I beg to differ. Taken together, the purpose and intent of statutes 743.0435, 775.21, 775.215 and 794.075 is to impose life time supervision equivalent to that of parole or probation. The entire legislative scheme of imposing additional punishment under the guise of being remedial needs to be attacked.
Here, M25 seems to have accepted “IN PERSON” re-reg but not other “IN PERSON” requirements. That split will surely fail in Court. This one is already lost.
Thank you for your vote of confidence, CMC
As it is: im flying to nyc for a medical will be there two days and driving back which is another two days. Already being asked where will I stay on the drive back and i have no answer for them. One person tells me i need to have addresses the other tells me literally i dont need to do anything. I dont know what to do or believe but either way i have nothing to protect me from whoever decides to show up as ask my family where i am
First, your Local Gestapo will need a Search Warrant to Enter your residence…Second…your people don’t have to say shit to any scum LEO…..invest in a fence and Boarder like a Trump thing…build your border..I would build a fence as high as your local zoning ordinance allows and paint it with Glowing anti-police speech…cause the dysfunctional donut-fat slob can’t climb it….
for me I live on a Island…get your boat LEO’s to see meh Ras Ass!
Cheers
I really hope this motion/complaint gains some traction and gets a ruling in our favor. Any dent we can put in the armor of FDLE/DOC is a major win as far as I’m concerned.