On Wednesday, the US Court of Appeals for the Seventh Circuit handed down a horrible decision affirming a lower court’s decision that effectively allowed a city to evict people required to register, from their homes.
In Vasquez v. Foxx, 17-1061 (7th Cir. 2018) two men required to register as sex offenders were required to comply with a law that prohibited sex offenders from living within 500 feet of a school, playground, or child-care center. A few years after the men’s convictions, Illinois added child and group day-care homes to the 500-foot buffer zone. Plaintiffs, who were already living in their homes, were given 30 days to move out.
The men filed suit claiming that (a) the amendment imposed retroactive punishment in violation of the Ex Post Facto Clause, (b) that applying the amended statute to them constituted an unconstitutional taking, and (c) that the statute is enforced without a hearing for an individualized risk assessment and is not rationally related to a legitimate state interest, in violation of their due process rights.
The lower court dismissed their case and now the Seventh Circuit affirmed. A horrible case!
The full text of the decision is available at the link below:
My friends and colleagues were the lawyers representing the sex offenders in this case. There are two horrendous aspects to the decision.
First, it allows ex post facto application of the law, so that even if the SO if in the location first, he still has to uproot his entire family if someone moves even 20 feet into the 500 foot zone (one of the day care centers moved to 480 feet from his home). The court have ZERO consideration to the effects on the family members.
Second, toward the end of the opinion, the court says that basically any law on SOs can be upheld as long as there is some possible conceivable justification for it. This is the lowest possible standard, and it basically means that the State can do whatever it wants. Many of our challenges are based on the notion that IL needs to establish some standards for each SO, such as limiting internet for some people and not for others, etc. In other words, we demand a case by case determination. The Court said no, that it could be done with a broad brush, painting all SOs the same. A really really brutally bad decision, and it ignores all the social science as well.
IL is a very tough state, though my friends have recently won the right of SOs (at least female ones) to talk with and see the underage members of their family.
But, yes, very disheartening for those of in Chicago.
ChicagoD – thanks for this valuable insight. Do you know if the attorneys plan on appealing to the SCOTUS?
What disturbed me most about that decision is that it makes it possible, and perhaps likely, that neighbors will open unnecessary day care houses just to force the sex offenders to leave. It doesn’t take much to qualify as a day care facility here in Michigan. Probably not too hard anywhere. And think about the situation where the offender is not the main monetary provider for the family. The rest of the family might have to stay for financial reasons, while the offender has no choice except to be rendered homeless by the state.
Consider this, a former prosecutor in Florida named RYAN WILL came up with the bright idea of new housing developments dedicating one vacant lot to being turned into a playground specifically and expressly for the purpose of keeping registered citizens out/away.
https://www.wesh.com/article/residents-build-playground-to-keep-sex-offenders-out-of-neighborhood/4427402
This article was from 5+ years ago
Here’s something that’s NOT from 5+ years ago. The same prosecutor ran for judge in my circuit just two months ago. He lost. He was defeated by a former public defender!
That article may be old, but it still clearly demonstrated the way the registry is abused and undeniably weaponized. It shows how the registry can be exploited to ensure no registered citizen can ever live in a new housing development, no matter where it may be located because now they can designate one piddly little lot as a “playground” and the state will throw up a 2500 foot buffer zone around it.
Sounds to me like one more step to take law enforcement out of the hands of those who wear badges and are trained and putting it in the hands of the public and untrained . Giving them motivation to abuse it for personal gain, or retaliation . Isn’t that the definition of anarchy.
Too bad such harsh laws are not applied to the murderers that infest Chicago…but then we wouldn’t want to offend or upset them.
See now that is bull before they opened that daycare they should of know there was a person on registery they shouldn’t had permission to open one comes back to the point these people did there time and still be punished but day care shouldn’t been able to open
More judges turning semantic summersaults in a mealy-mouthed effort to keep in place a law they know is wrong.
It appears that, in Illinois at least, the onus is squarely on the shoulders of the legislature to change the laws.
Don’t give up, lawsuit’s are the only way to win. We need to keep fighting to get our rights back. Donate just a little and keep the fight going.
Very sad and sick indeed. There bias and uninformed prejudice isn’t skin deep ,it goes to the bone. The court admitted the law was unwise ,improvident,and out of harmony with a particular school of thought. But said it was constitutional but failed to show that it was. What a scam.
I agree keep fighting espeacially since you can post it now and get other people who doesn’t judge everyone
What the vigilant watchmen– I will call them true and unbiased students of history, regardless of their religious affiliations (in my case, a true Christian) or non-religious affiliations– are witnessing: ‘The Rise Of NWO/ Nazism!’ (when I use the word ‘Nazi,’ It is only in the term of perverting good and sound ‘German law’). I make no claim of being an expert on history, but I am not ignorant of it neither. But, I do know this, prior to the ‘Rise Of Nazism and ‘The Third Reich’ and before WWII broke out, the ‘German’ government led by Hitler and their respective state governments, began a systemic purge (a practice, targeting certain ‘classes’ and of ‘citizens’ declared to be ‘criminals’ or ‘undesirables’ and thus, enacting ‘restrictive laws’ having deliberate ‘intent:’ removal from society) as you now see in progress in America. Our concern should be focused on what those laws became in Germany and what they forbode to come to America. Germany’s ascension ‘vehicle’ to ‘World Supremacy’ and ‘Totalitarianism’ was, ‘Democracy.’ For Hitler and his government to pull off their hidden agenda, he stokes the fire of patriotism (during the ‘1930s’), then begins the slow and steady practice of ‘reprogramming’ German citizens, (especially school children) to affect his goal. The perversion of the German government of the time (which cannot be denied as some do) were held and declared legal and proper. The world today knows of the ‘unimaginable horror’ that took place, not only in Germany but also in Japan and Russia. If the 60% or higher Americans don’t speak out against now and begin voting these wicked politicians out, what will America be like in another ten to twenty years? Every police force is now enforcing these politicians ungodly laws. Some law enforcement says they don’t agree with the enactment of ‘SOR’ laws, but they do nothing. If one speaks out against these ‘SOR’ laws, you put a target on your back! If this is not a Totalitarian tactic, please feel free to share with me what is!
Robert, I am a student of WW II history and you are right on. Democracy put Hitler in office. That is why our Founding Fathers deplored ‘democracy’ and instead opted for a constitutional republic. Had Germany had a constitutional republic…and lived by and enforced it…the holocaust more than likely would not have happened. And remember that Germany was a Christian nation and even Christian leaders can be enticed by secular evil. Hitler first established a segment of society that he ‘criminalized’ and then when he came to power he offered to fix the ‘criminal problem’. And even right up to the very end the German citizens ‘claimed’ they did not know what was going on. This is how a descent society can be reduced to the pure embellishment of evil. Today many of our society’s leadership have taken a stand to ignore the US Constitution…how else can something be unconstitutional in Michigan and yet constitutional in Florida? Many ‘do-gooder’ politicians will delay and delay what they know is right and constitutional until they are called to accountability in the public arena. We have too many citizens today who are ignorant of the Constitution and live by the ‘what’s right in their own eyes’ rule. The Bible tells us that will happen.
Amen! Capt
When a high profile case comes to court attorneys carefully screen jurors to make sure they haven’t been biased by one sided news reports. But isn’t it strange that no attempt is ever made to screen Judges for bias. They are people just like everyone else and can be easily swayed by one sided and outright false news reporting.Untill an attempt is made to screen judges to make sure they haven’t been adversely swayed by false information nothing will be accomplished in the courts. Read the latest NARSOL reports.
Straight to the point Capt,and well said!!!
I have to disagree with you Captain on Germany. It operated as a Constitutional Republic from 1919 to 1933. Hitler was not voted into office. He was appointed Chancellor by President Hindenburg in 1933. Then Hitler wiped out civil liberties and overthrew the government. One man fueled by hate was able to wipe out the country’s constitution virtually overnight. https://en.wikipedia.org/wiki/Weimar_Republic
Most German’s in 1933 were not highly educated. All they could do was trust their leaders, but those leaders weren’t strong enough to stand up to Hitler. They couldn’t stop him. The country’s constitution couldn’t stop him. He even took over the media so there could be no watchdogs.
I lived in Germany for 2 and a half years in the mid 60’s. I had the chance to talk to several Germans who had lived through that. They did claim that they didn’t know what was going on in the labor camps, but I could read it in their eyes that they did know, but couldn’t live with the shame if they admitted that to themselves. The form which a government takes can’t stop tyranny, only its citizens can.
Gerald, very interesting. Thanks for your response. The term ‘democracy’ is interchangeably used to describe a few various forms of government. So is ‘republic’. Hitler was elected into the Reichstag and then ‘weazzled’ his way into a cabinet seat. I suppose that there are still some Germans who deny knowledge of the ‘death camps’ but the train loads of one way trips and the odor of burning flesh pretty much made that impossible. WW II history is very interesting but I more or less concentrate on the aviation side of WW II. It’s interesting to see how basically good people can be dupped into electing bad politicians.
The encouraging thing about our country is that the military would not allow a tyrant to seize power the way old Germany did. I was amazed when the East German army refused to fire on their own citizens when they tore down the wall. Contrast that with what China did in cracking down on peaceful protesters at Tiananmen Square in 1989. There has never been a military in history that valued honor the way that ours does.
I have always looked at our military as a protector of the citizenry. It’s a tough decision for a leader to make when the military is called out to restore peace within the bounds of our nation. Touchy indeed.
Gerald
Don’t forget the “ Bay of Pigs” The Russian ships were ordered to proceed with there ships carrying nuclear missiles to Cuba when confronted with American ships . The Russian Captains diisobeyed there. Orders and turned there ships around.
As someone who has ailing parents and a sister in IL, and as someone who grew up there, this is horrific news. As it is, when I go visit, I literally can only stay 2 days because on the 3rd I would have to register. It also makes certain, I can never return home to live again.
Years ago, I went to a family reunion in Pennsylvania and I did what I thought I was supposed to do. I went to The State Police Office and told them I wanted to register since I was registered in Florida. They told me that that wouldn’t be4 necessary unless it was going to be 30 days or more. Now we have this “governor” who is trying to get more people back in Prison or get more money if they don’t let them know you are going somewhere for 3 or more days. I too have missed graduations and other events like plays at school or some special event. It would have been better for me to have killed somebody or been a drug trafficker.At least when you got out of prison you didn’t have to register as a killer or drug dealer. God help us. It is getting harder and harder to make it thru the day with all this garbage going . And you look at what is happening now wit the DOJ, FBI and our Government in general.
Does this mean this can not be appealed any further? If so this is indeed truly horrendous and to an indication that we can not rely even on the courts. Are these judges voted in? If so could it be that is the overriding factor? Their fear of voter backlash like in the California case where the judge was removed via recall?
It can be appealed to the Supreme Court of the US. It only impacts the 7th Circuit.
It is a federal court – the judges are not elected, they are appointed.
The decision did point out that the plaintiffs made some mistakes in their filing. The big one was that they were only suing the City of Chicago. You can’t even raise an effective ex post facto challenge unless you sue the state in this case, because Chicago was following a state law. They could go back and file a new claim against Illinois and follow the process all the way through again. These judges seemed to be arguing that the only thing that qualifies as punitive is actual physical incarceration. That is the point that needs to be appealed to the U.S. Supreme Court. However, it is apparent to me that this original appeal was done by someone who did a really sloppy job on the law, and the Supreme Court just wouldn’t bother with a case like that. I hope they didn’t pay a lawyer to screw it up for them, because they sure didn’t get their money’s worth.
Im just so tired of hearing bad news im thinking of unsubscribing not because of what they are doing but because of if i keep reading this it makes me more and more depressed and my children dont need it.my offense occurred in 91 and I was a senior in high school age 18 and she was 15.I was told when I finish probation that I wouldn’t have any restrictions I even transferred my probation to Georgia for me to go to school ans the college still accepted me then comes the registry Now im sucked into it.My kids weren’t born now I have missed 2 high school graduations also a air force graduation and I or my family never been on vacation or to the amusement parks nor have I been to their baseball games which they both are allstars.And they both are a students.They don’t deserve this I have only one count and never been in trouble for anything else ever.But this is killing me I dont know what to do!!
@Plain tired
Don’t give up the fight! I also feel the same pain and understand where your coming from. WE may lose some battles but we will not lose this damn WAR!
Stay strong my friend.
DS, way to speak up. These idiotic politicians hope they can outlast us. We must show that we have more staying power than they do. No one said it would be easy but remember a war victory is not determined by a single battle loss.
Hang in there buddy. I too was convicted in 91. We cannot give up the fight, its definitely a war. Its sad that we work hard first of all as Americans. We as registered citizens have comply day after day with laws that flip flop constantly. Its not fair that the courts are unjust and that people look at us side ways, I pray that god one day is going is going to make things right, first by abolishing Megans law registry, and second sending down bolts of lightning to the unjust and wicked people that that try to with us harm….Stay Strong Friend.
Yuck, too many negative cases lately! The 7th Circuit had no choice! They failed to first prove and establish punitive and went straight for ex post facto. Ex post facto is meaningless if the the Court has yet to decide punitive. Remember, 2010’s Ohio is our template, especially in Courts where these cases are new to the judges. May we learn from these unfortunate failures. We have to first pave the right path for these judges to make legal sense of it all and then they can make the obvious ruling in our favor.
After serving my country for 29 years, anyone who tries to kick me out of my home had best bring two body bags.
Here is a direct quote from a beautician in New Jersey, “The second amendment doesn’t apply here”. This was said to an Army Veteran applying for a gun permit. Further proof that the Constitution means nothing.
As horrible as Floriduh treats registered citizens, lately it seems that states like Illinois and Missouri are trying to one-up Floriduh in their cruelty. I wouldn’t want to live in those states either.