Federal Case Challenges SORNA on Due Process and ADA violations
In the US District Court in the Eastern District of Louisiana, Greenwald v Cantrell, et al poses fascinating, real world challenges to the unending limits of SORNA.
The individual involved is a PFR who suffers from seizures to such extent that she has been declared to be an “unrestorable incompetent.” This health condition caused her to be unable to grasp her registration requirements. Repeated failures to register led to repeated arrests with no relief from repeating the same in the future.
The Defendants included officials from the City of New Orleans and the State of Louisiana tasked with administering SORNA in the city. The discretion these individuals use to not prosecute homeless registered peoples is being challenged when it is decidedly not used in choosing to aggressively prosecute an individual incapable of understanding their registration obligations.
The plaintiff filed suit seeking relief and damages. Her claims for damages failed and some relief claims failed with prejudice. Her claim of substantive due process failure was granted. On appeal from the Defendants, the plaintiff restated their request to continue to fight for a procedural due process claim; her substantive due process claim and; she amended the complaint to add an ADA (Americans With Disabilities Act) claim. The ADA claim was granted owing to the fact accommodations for this condition are required but have been rigidly rejected by the defendants..
SORNA challenges with 5th and 12th amendment claims and potentially seeing it fall under ADA requirements demonstrate that it cannot remain ring fenced from the Constitution and other federal laws.
Order granting 5th Amendment claim
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Justice in its simple form is to set things right. Justice is protecting those that can’t protect themselves or serving to prevent a crime from happening. Much of this registry is more of a perverting of justice in creating a type of crime situation with a sexual twist to it and oppresses many.
When anyone is “forced” or enticed with a type of come on than it is unjust and unbalanced in many prospective. Many should know right from wrong . Their are moral standards to everything. Even due process is a moral standard. Using the “its for public safety” clause is to justify their unethical actions.
I have been saying on here for years that more registries are coming and Florida did not disappoint. For 2024, law enforcement now has a special needs person registry.
The first thing you will see is this message:
Welcome to the Florida Special Needs Registry
I am sure more registries are on the way and eventually everyone will have to register for something. Gun owners, anyone who owns over a certain amount of money etc etc
https://snr.flhealthresponse.com/
Here is a better link to the story that explains more.
https://www.thenewcivilrightsmovement.com/2023/12/florida-to-launch-special-persons-registry-next-week-to-help-cops-treat-disabled-people-better/
Yes. We have been the guinea pigs whose registry requirement was easily justifiable to the public, to keep the masses from panicking about privacy violations, etc. It will now be easier to start sneaking in other types of registries, from both the legal and the practical perspectives. And AI will enforce them.