FAC Weekly Update: The Ripple Effect of a Constitutional Challenge | September 15, 2026 | Recording 390
FLORIDA ACTION COMMITTEE
Weekly Update – September 15, 2026
Recording No. 390
Help Make Florida the Next Ripple
Dear Members and Advocates,
One of the most important things about a major constitutional lawsuit is that its impact can extend far beyond the original case. We saw a perfect example of that this past week in Michigan.
The Ripple Effect in Michigan
On September 9, the Michigan Supreme Court issued a short but extraordinarily important order in People v. Eddie Lee Smith. Smith was not a plaintiff in the groundbreaking litigation brought by the ACLU of Michigan challenging Michigan’s registry. His case was his own separate criminal case. But his victory was a direct product of that litigation and the legal foundation it established.
Michigan had already determined that its Sex Offender Registration Act was punishment. Once that was established, the next question was obvious: If the registry is punishment, can the government impose that punishment retroactively on people whose crimes occurred before the law was enacted? In Smith, the answer was no.
Smith committed the crimes for which he was required to register in 1995 and 2010. Nevertheless, Michigan was requiring him to register under the 2011 version of SORA and then criminally prosecuted him for not doing so. The Michigan Supreme Court held that the statutory requirements enacted after his crimes constituted punishment and that applying those requirements to Smith therefore violated the Ex Post Facto Clauses of both the United States and Michigan Constitutions.
Technically, Smith was an individual case. But the implications were much bigger. Michigan has apparently finally recognized that it would be rather difficult to keep tens of thousands of people subject to a law that had already been determined could not constitutionally be applied to them (and continue to charge them with violations). The Michigan State Police announced Friday that it had already removed more than 20,000 people from the registry as of September 11, with the review and removal process continuing. That’s the ripple effect. The ACLU’s lawsuit established constitutional principles that helped Smith beat his failure to register case.
What This Could Mean for Florida
That is hopefully what we will see in Florida Action Committee v. Glass also. If we succeed, the consequences could reach far beyond the current case, and that possibility is particularly important right now for the hundreds of people who are facing criminal registration-violation charges. Florida has conducted numerous registration-enforcement crackdowns over the past six months, resulting in a bunch of people being charged with technical registration violations. Some of those prosecutions involve registration requirements that are being challenged in FAC v. Glass. If a registration requirement is ultimately determined to be unconstitutional, that could become highly relevant in cases where someone is being prosecuted for violating that very requirement.
Facing a Registration-Violation Prosecution?
If you are currently facing a registration-violation prosecution, make sure your criminal defense attorney knows about FAC v. Glass. Your attorney (not FAC) should be able to evaluate whether the constitutional issues being litigated in our case have any potential bearing on your particular charges or defenses.
This is not a suggestion that every pending prosecution will be affected by our lawsuit. It is just a reminder that constitutional litigation can change the legal landscape — and defense attorneys need to know when that landscape may be changing.
Please Email an Attorney
Please take a moment to email your criminal defense attorney (or the attorney who represented you in the past) and make sure they know about FAC v. Glass. You don’t have to be facing a registration violation yourself. There is a very good chance that your former attorney has another client who is and we’re all in this together. Let them know that Florida’s registry is being challenged and point them toward the case. The more Florida criminal defense attorneys who understand what we are doing, the more likely it is that these issues will be raised when they matter.
Please help us make Florida the next ripple.
Sincerely,
The Florida Action Committee
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Quick Question:
Since Michigan ruled that the Registry is punishment! You ya going to use that ruling? I sure hope so! I got sentence in 1991 and that Megan law came out in 1995 I was released finally after repeated parole (Continental Release) violations in 2011 been arrested free since
Joseph, if you are in Michigan, you can use that ruling. Florida is not bound by a decision from the Michigan Supreme Court. While it’s certainly persuasive and we are going to cite to it as such. A federal district court in the 11th Circuit is not bound by a state supreme court in a different state.
A short time ago I posted my concerns about presenting drivers at front desk at hospital, doctors office and psychiatric therapy.
Their attention became minimal and distant and one doctor gave me a quick explanation and left me sitting, I had to show myself out. A year ago I was diagnosed with cancer, I’ve been with an Oncologist and Urologist who know my designation along with their staff. They treated me like professionals but that’s tainted by their personal feelings. I often wonder, would I be safe as a patient in the hospital.
I am a Veteran ..
Twelve years ago I was diagnosed with ED .. The VA tried several drugs, gave me an external pump, but eventually I had surgery to place a penile prosthetic pump inside .. I was happy because I could continue pleasing my wife (she passed in ’20) .. On the operating table, one of the nurses saw the the ankle monitor I was wearing (then) and checked the SOR for Tennessee .. She told EVERYBODY about my status .. Well, the pump stopped working and I contacted the VA Urology Department .. They had me go in for a “consultation”, which I didn’t think anything about it; that was normal .. Upon speaking with the doctor, he informed me they would not fix or replace the prosthetic because of their concerns, and went on to tell me how the information came out .. I tried to talk about the HIPPA violation and a lawyer said it’s not; because the registry is public domain .. I fought with the VA for several months and they finally said that I would need to see their psychiatrist/psychologist to talk to me to see if I was a risk .. So, I saw them .. After a few months, after speaking to me and my wife, they determined I was not a risk to children .. Then the doctor said I had to get my A1C below 6.0 before he would do the surgery .. It’s been under 5.7 for the last 3 years .. When I call they don’t return my phone calls or my emails .. Here’s the kicker …. I asked the doctor if this would be in my file and he said “No, we cannot put something of that nature in your medical file” .. Then why won’t they return my phone calls ? Sure, I’m 64 now .. BUT, this old man STILL has lots of vitality and women that want to be a part of my life .. I have lost 3 girlfriends because I couldn’t get it up .. I have been turned down by a dentist when they saw the “88” designation on my driver’s license; “88” is the code for a SO .. Though our license doesn’t say Sex Offender, it only took 2 years for EVERYBODY to know what THAT code stood for .. And the laws keep getting worse in Tennessee .. Just this year a law was passed that a sex offender CAN NOW be subject to the death penalty if convicted of certain crimes (rape of a child/aggravated sexual assault of a child) .. I fear that it is only going to get worse .. But, I pray not .
Luther,
First off, Thank you for your service.
Secondly, you are not alone. I am not a veteran, but I have had several bad issues with doctors once they learned I was on the registry. I would have to spend an hour typing to on here to tell about all the incidents I have had about what the registry does. Doctors are sworn to do no harm but not only have I been harmed by a few doctors, harm can also mean denied service or given little or bad service. They should be ashamed of themselves as their pledge.
The doctors pledge, known as the Declaration of Geneva, is a solemn commitment by physicians to uphold ethical principles, prioritize patient well-being, and respect human rights.
The registry has become a weapon. Yes, you read that correctly. A WEAPON used by law enforcement to promote fruitless public safety propaganda. A weapon to facilite hate and intimidation with names like “Operation End Game” and “Operation Roundup.” A weapon used by politicians in attack and smear ads against their opponents. A weapon used by vigilantes to achieve their goals at their discretion. A weapon for scammers to use for an easy way to conduct and profit from fradulent schemes. A weapon for employers to use to deny employment. A weapon for strangers you haven’t met to form a preconceived negative opinion about you. A weapon for you neighbors to shame, shun and snub you with.
The registry is not a public safety utility or tool, it’s a LEGISLATIVE REVENGE WEAPON.
How do you like that ripple?
I remember in April, 2022 after I had a triple coronary bypass and aortic valve replacement at an Osceola Hospital, I was recovering from the open chest surgery and was offered an outside cardiac rehabilitation program by some health providers. One day, a female doctor at the hospital called me and told me that those outside providers refused to accept me because I was in the Registry (for a non contact sex offense dating back more than ten years). In the end, after I was discharged from the hospital, a more understanding provider agreed to send a health professional to my home to provide those services. Can you believe that?. In one of the most needy situations of your life, as it is with a much needed medical service to your health, the hysteria pervading the Registry rules in Florida could interfere with the provision of such a vital service?.
Emil
I am very sorry that happened to you, however you are not alone. The very same thing happened to me at a hospital in Florida. I had, had a heart attack and the EMT’s rolled me in on a stretcher. They were told by a nurse to park me along a wall and they would attend to me. 4 hours later the same EMT’s came in with another patient and they stopped to ask if I had been laying there for the entire 4 hours.
I stated that not a single person had checked on me and I couldn’t believe this but the EMT walked to the nurse’s office and I could hear him chewing them out and how unprofessional they were. It took almost 10 hours for a doctor to see me. By then the heart attack had stopped and they sent me home with a note to see a cardiologist. And for nothing but just sitting around for 10 hours, I received a bill from the hospital for $2,300.00. Insurance paid part of it but they did not even do anything for me and my part of it was over $1000.00, I got sent to collections.
So we are fellows in the same disgrace, friend. I cannot understand (and no one else, for sure, unless they are part of the witch hunt cohort) how they left you unattended in an emergency room of a hospital given the fact the you were suffering a heart attack, one of the most urgent, life or death medical situations anyone can be into. In that case you were vey lucky to survive and recover later. I would have placed a gross medical negligence lawsuit against the hospital. There are legal limits to what can be done to a citizen in the name of the Registry. I only hope that this time they will have to answer largely in the federal courts for the abusive and above all, unconstitutional harm they have being doing to us after we fulfilled the legal sentences imposed by the courts long time ago. Good luck friend and may God help us all and specially FAC in this noble and just endeavour!
That should be shown to the court for proof of punishment!
Yes, the sex offender registry needs to go. Period end of story. Florida it is Punishment, I live in polk county and it’s 1500 feet not the 1000 feet standard. That alone should make it Illegal.
When I was first put on the registry in 1997 after my case adjourned there were only three requirements to adhere to. Today, there are over 60 at the state level and many hundreds more at the municipal level all across the state and beyond. On top of all that, I HAVE NEVER BEEN CONVICTED OF ANY CRIME! I have “adjudication of guilt withheld”, never went to prison, successfully completed probation in 2002 with zero violations and have maintained a perfect track ever since. And here we are, over 29 years later and the STATE CONTINUES TO PUNISH ME AND MY FAMILY WITH MORE LAWS AND PUNISHMENTS…. FOREVER! These endless unconstitutional laws MUST END!! Thank you FAC for standing up for the United States Constitution and the rule of law!