Law360 Reports on the Registry Challenge: Florida Action Committee’s Resolve
Law360 Reports on the Registry Challenge: Florida Action Committee’s Resolve
By FAC Media · News update
Florida and many cities and counties are asking a federal judge to throw out Florida Action Committee’s lawsuit over the registry system. Carolina Bolado’s October 16 Law360 report explains why they want the case dismissed.
For people on the registry and their loved ones, that headline can bring fear. Many have waited years for change. A motion to dismiss asks the judge to end a case. Filing one does not mean the judge has agreed.
What are the defendants saying?
Cape Coral says the lawsuit groups too many governments together. The city wants FAC to explain more clearly what each one did wrong. It also says its housing rule is meant to protect the public, rather than punish people.
FDLE Commissioner Larry Keefe says FDLE should not be blamed for rules chosen by cities and counties.
Miami-Dade County says an earlier lawsuit should stop FAC from bringing this challenge to its rules.
Broward County says FAC has not shown enough harm tied to the county to bring these claims.
Several also want their parts of the case separated from the rest. This is a key disagreement. FAC asks the court to look at how all these rules affect people together. The defendants argue that their own rules and actions should be looked at separately.
Looking back at the weekly update
In the Legal Committee’s weekly update, posted October 14, the committee reported more than 30 motions to dismiss. This was expected. The committee also said many defendants were making the same arguments.
Cape Coral’s filing gives one example. On page 2, it says:
“The City adopts and incorporates all other dismissal arguments advanced by its co-defendants to the extent applicable here.”
Yes, the Legal Committee has been very busy, working closely with the attorneys as they prepare answers. As they shared:
“Our attorneys are prepared to address the arguments.”
They described this effort as “a marathon, not a sprint.”
The people behind the paperwork
For our community, this is about much more than paperwork. It is about a safe place to live, a job, time with family and the chance to rebuild a life.
We know these updates can be hard to read when you or someone you love lives with these rules every day. Families and supporters carry that worry, too. No one can promise how the judge will rule. But these filings do not erase your experiences or end the work. The Legal Committee expected this step and is helping move the case forward.
Sources and filing details
Reviewed motions: Miami-Dade ECF 161 (October 9); Keefe ECF 167, Broward ECF 169 and Cape Coral ECF 173 (October 13). Keefe’s attached PDF is unstamped; its docket number is corroborated by the docket and its filing date by the certificate. Separately filed exhibits are not included in these four motion PDFs.
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Cape Coral’s argument is moot, how does 2,000+ feet, protect any better than 500 feet, or 1,000 feet?
FDLE Commissioner Larry Keefe says FDLE should not be blamed for rules chosen by cities and counties.
Omg….they weigh in on everything for restrictions and even come up with some of it. What a cop-out attempt.
Let’s not forget the the lie in the last FAC court case from FDLE, wasn’t it? …..that they give second chances to people to comply. I would love to see that court transcription to carry around.
I love all that FAC have done and are committed to do for registrants and their families.
I had to venture out to many communities in Florida to help people get elected.
Don’t be afraid to fight using your talents and resources. Together we can and will make positive change happen…
Just my boring opinion but maybe going after just one at a time. Otherwise, these cities will band together and form their own massive lawsuit. But I also know that law is mysterious. You can get one judge who never gives someone a break, then another judge that give people what they want, and the third judge who is levelheaded and looks at the facts and the consequences of both arguments in advisement.
It’s just like the registry, when a few select people ask for removal from the registry, it is likely to be considered, but asking to remove the entire registry, is going to get some major pushback. Again, just my thoughts, opinions, two cent’s worth and ideas.
Judge Mark Walker has been a federal judge since 2012 and has handled major constitutional cases. His injunction against Florida’s workplace-training speech restrictions was upheld on appeal in 2024. But his record also includes dismissing a registry-related claim in 2013 over filing-deadline issues. Neither case tells us how he will decide ours. Judicial background https://www.uscourts.gov/about-federal-courts/about-federal-judges/judicial-milestones/mark-e-walker · 2024 appeal https://media.ca11.uscourts.gov/opinions/pub/files/202213135.pdf · 2013 order https://cases.justia.com/federal/district-courts/florida/flndce/5%3A2010cv00038/57178/90/0.pdf
You’re right that a broad challenge brings serious pushback. Our confidence has to rest on the evidence and legal arguments, not on assuming any judge will favor us. The Legal Committee and attorneys are working through those arguments. For the families living with these restrictions every day, the stakes are worth taking seriously.
FAC Media
Lemme see if I got this right.
“Don’t lump me in with them” is now their argument?
Most seem to be using the exact same copy-paste wording, but don’t fret—our legal committee is hard at work! ⚖️📜 #law #committee #updates
Right?! lol