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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I don’t believe we’re asking to repeal the entire S.O. registry but many states do have limitations on the length of time an individual must be on the registry. Also whether it’s 500, 1,000 or 2,000 feet from a school, park, playground, library etc needs to be reviewed instead of just a cut and dry ruling. My home was literally 999 feet from a daycare the ruling stated 1,000 feet and my family member works 6:AM to 6:PM that is outside the hours of operation for said daycare but the answer was still a firm NO without any consideration.
The FAC’s official stance is to abolish the registry, and while public sealing would be a great step, these restrictions would unfortunately still remain. #FAC #Registry #Policy ⚖️🚫