The Florida Justice Institute (FJI), in partnership with Brevard County attorney Jessica J. Travis of DefendBrevard.com, filed a lawsuit challenging a Brevard County ordinance that prohibits people on the sex offender registry from attending County Commission meetings at the County Government Center in Viera, Florida. The ordinance prohibits the Plaintiffs, and all registered offenders, from being within 1000 feet of a school, daycare center, park, or playground. The County Government building is within 1000 feet of a school, and therefore the Plaintiffs are prohibited from entering the building to attend public meetings. The lawsuit alleges that this prohibition violates the Plaintiffs’ First Amendment right to free speech and to petition for redress of grievances, and also violates Florida’s Government in the Sunshine law by holding a public meeting that is not fully open to the public. Plaintiffs are also seeking an immediate preliminary injunction to end enforcement of the unconstitutional ordinance so they are permitted to attend future meetings.
The Plaintiffs are Vincent Rinaldi, Charles Munsey, and Charles Violi. They are longtime residents and homeowners of Brevard County who long ago completed all aspects of their criminal sentences. They are active in civil affairs but cannot attend county government meetings and speak directly to their representatives on any topic.
“Everyone has a right to attend county government meetings and speak to their elected representatives in public,” said Ray Taseff, lead attorney with the Florida Justice Institute. “The County cannot restrict this right to an entire class of persons based on past crimes.”
The Complaint explains how the Plaintiffs were prohibited from attending a County Commission meeting to speak about a proposed law that was particularly important to them: an amendment to the ordinance that imposed even more restrictions on where registered offenders are permitted to be. In the summer of 2020, the County Commission considered and passed this amendment, and yet the people most affected by it—the Plaintiffs and all registered offenders—were not permitted to attend the meetings to offer their views. The County Commission was notified that people who would be affected wanted to be heard, but the Brevard County Sheriff’s Department had advised that attending the meeting would place registered offenders in violation of the ordinance. The County Commission passed the amended ordinance without hearing directly from one affected person at the meeting.
“This law distorts the democratic process by silencing the voices of people whom the County doesn’t like,” said Jessica J. Travis, one of the Plaintiffs’ attorneys. “But the First Amendment and the Florida Sunshine laws demand more transparency.”
Read the pleadings:
Could you please direct me to where I can find the ordinance?
BJW, if you google Brevard County Ordinance Section 74-102 you can read through it.
I’ll try to copy-paste the section that deals with main issue we’re talking about.
Better to read it in it’s entirety from the “municode” website.
Sec. 74-102. – Sexual offenders and sexual predators.
(b) Restriction of certain activities of sexual offenders and sexual predators. No sexual offender or sexual predator shall enter into or remain within the 1,000-foot buffer zone surrounding any school, daycare center, park or playground except to: (1) Attend a scheduled interview or meeting with a social service provider licensed by the state; (2) Comply with a request or court order from the judiciary, a correctional facility or a law enforcement entity; (3) Attend a scheduled meeting or interview with criminal justice personnel at a criminal justice facility; (4) Attend a bona fide educational institution as a registered student; (5) Attend a scheduled or emergency health care visit with a licensed physician; (6) As a result of fulfilling legally allowable duties imposed by gainful employment; (7) Transport children within their legal custody to and from school or daycare without any undue delay or loitering on premises; (8) Seek refuge in a public shelter that has been officially designated by the county or any municipality to house sexual offenders or sexual predators during times of impending natural disasters or acts of terrorism; (9) Attend a scheduled legal consultation meeting with an attorney who is recognized as a licensed member of the Bar of the state; (10) Attend a church service or function; (11) Vote at a designated polling place within his or her district; (12) If the sexual offender or sexual predator is the parent or guardian of a person under 18 years of age, provided the sexual offender or sexual predator has declared his or her status as a sexual offender or sexual predator prior to entering the school property and has either scheduled a set time period to enter upon the property with the principal or designee or immediately notifies the principal or designee upon entering the school property: a. Attend a scheduled conference at school with school personnel to discuss the progress of his or her child academically or socially; b. Participate in scheduled child review conferences in which evaluation and placement decisions may be made or considered with respect to his or her child regarding special education services; or c. Attend scheduled conferences to discuss other student issues concerning his or her child such as retention and promotion. (13) If the sexual offender or sexual predator lawfully resides within 1,000 feet of any school, day care center, park or playground, he or she may enter into or remain within 1,000 feet of such school, day care center, park or playground for the purposes of travel to and from his or her residence, and any other bona fide activity arising from the ordinary maintenance and activities associated with such residence.
However, this section shall not be construed as prohibiting any person from traveling on those public roads located within the county when traveling through the buffer zone without intentional delay. A law enforcement officer shall, prior to any arrest for an offense under this section afford the person an opportunity to explain his or her presence in the area and the purpose thereof. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions listed above.
(c) Measurement of distance requirement for residence. For purposes of measuring separation of a residence from a school, day care center, park or playground, all distances shall be measured from the outermost property line of the parcel upon which the residence is located running in a direct line to the outermost property line of the school, day care center, park or playground. For example, if the residence were located in a generally southwesterly direction from a park, then the measurement would be from the northeast corner of the residential parcel to the southwest corner of the park. For all other purposes, measurements shall run from the outermost property line of the school, day care center, park or playground. (d) Measurement of distance requirement for sexual offender or sexual predator. For purposes of measuring separation of a person designated as a sexual offender or sexual predator from a school, day care center, park or playground, all distances shall be measured from the closest observed location of the sexual offender or sexual predator to the outermost property line of the school, day care center, park or playground using a direct line measurement. (e) Required declaration of status as a sexual offender or sexual predator. (1) During times of impending natural disasters or acts of terrorism, sexual offenders and sexual predators shall immediately identify themselves as a sexual offender or sexual predator, as the case may be, to the official in charge of any public shelter where they seek refuge. Sexual offenders or sexual predators will not be permitted to remain at general shelters not designated to house them. Sexual offenders and sexual predators will only be permitted housing at shelters specifically approved to house sexual offenders and sexual predators. (2) A sexual offender or sexual predator attending any school or transporting children they have legal custody of to a school or day care center must declare his or her status as a sexual offender or sexual predator to the school or day care center principal or designee prior to entering the school or day care center property, and must also either schedule with the principal a set time period to enter upon the property or immediately notify the principal or designee upon entering school grounds or day care center property. (3) All sexual offenders and sexual predators registered in the county shall carry their state driver’s license or state identification card on their person at all times.
Hallelujah!!!
This has been such a long time in coming!! Bob, Vinnie, and Charles, thank you so very much for being courageous enough to put yourselves out there for this.
Ironically the County Commission provided us the necessary standing for the suit to challenge this…. That made my morning coffee taste that much better.
I know that the scope must be kept very narrow and well defined but I have only a comment/observation.
When I started our house renovation project in the fall of 2020 my probation officer had to “turn a blind eye” for me to go to the county’s Building Dept. for plans review and permitting as it’s in the building immediately adjacent to the commissioner’s building.
Because the ordinance is so specifically and narrowly written as to what’s permissible activities within the exclusion area you can not go to a majority of the Clerk of Courts offices, or Tax Collector’s offices for your drivers license renewal or license plates, or anything to do with building or permitting.
Excited to see this!!!
How dumb a registrant can’t go to a government building to participate in dialogue with their government officials? How is that protecting their right to assemble and expression their views? Is the county that scared of those who oppose their ordinances? Their job is do the work on behalf of all the residents not just the ones they like.
Brandon
I just had a bit of a deep thought?
All Sheriff’s departments are County property so what if there was a school within 1000 feet of the sheriff’s office you register at? Then are you not in violation by your mere presence during your act of registration?
This has been an episode of “Deep Thoughts” by CherokeeJack. My Vegas show begins March 1st. 🙂
What? No Hard Rock Hotel and Casino shows here in Florida?
BWJ
If in Florida,Then I would have to register my show. I thought the saying in Vegas was “What happens in Vegas, stays in Vegas”? LOL
I used to live in Brevard County and moved away specifically because of this ordinance.
Most of you don’t seem to know that there ARE exceptions to where registrants can go under some of the conditions listed like sheriffs office, probation office, counselors, and things mandated by probation.
All they need to do to settle this lawsuit is ad one more sentence to this list of exceptions already in force, which really do nothing for the rest of the ordinance.
The rest of the draconian law will stay in affect. Like there is only two grocery stores you can shop at around Melbourne, and that is if you have a car and money for gas to get there.
I have no knowledge of ANY banks, few if any gas stations, no movies, no bars or clubs, or most any other places you can go other than the exceptions I will list below copied from the ordinance. I am shocked that the lawsuit did not go after the constitutionality of the entire ordinance, as many places a person MUST go to survive, especially if they don’t have a car or drivers license make it impossible to survive.
Specifically, the proximity restriction in §74-102(b) states as follows:
(b) Restriction of certain activities of sexual offenders and sexual predators. No
sexual offender or sexual predator shall enter into or remain within the 1,000-foot
buffer zone surrounding any school, daycare center, park or playground except to:
(1) Attend a scheduled interview or meeting with a social service provider
licensed by the state;
Case 6:22-cv-00023 Document 1 Filed 01/05/22 Page 7 of 26 PageID 7
-8-
(2) Comply with a request or court order from the judiciary, a correctional
facility or a law enforcement entity;
(3) Attend a scheduled meeting or interview with criminal justice
personnel at a criminal justice facility;
(4) Attend a bona fide educational institution as a registered student;
(5) Attend a scheduled or emergency health care visit with a licensed
physician;
(6) As a result of fulfilling legally allowable duties imposed by gainful
employment;
(7) Transport children within their legal custody to and from school or
daycare without any undue delay or loitering on premises;
(8) Seek refuge in a public shelter that has been officially designated by
the county or any municipality to house sexual offenders or sexual
predators during times of impending natural disasters or acts of terrorism;
(9) Attend a scheduled legal consultation meeting with an attorney who is
recognized as a licensed member of the Bar of the state;
(10) Attend a church service or function;
(11) Vote at a designated polling place within his or her district;
Jed
To ban you from commonly used places like banks, gas stations etc. just because they are near a school should be the catalyst for a winning law suit. That teeters on your constitutional right to free travel, essentials to sustain life and life supporting necessities.
In some big cities like Tampa, there are lots of choices. Places like Melbourne not so much.
Brandon,
Like I said in my comment above it’s any business you may have at a county office in Viera. A strict reading of the ordinance says that you can’t even go to the Clerk of Courts office IN the courthouse next door because it’s across the street from another school…..
and for Cherokeejack, if you’re going to a Sheriff’s office for a non-scheduled or non-mandatory appointment, you’re correct, it technically violates the ordinance……. 🤣
Sounds like a trap to get registrants arrested to fill their pockets. When I lived in Florida the sheriff’s office was downtown and not near a school. No matter how many ordinances are passed a person’s intent won’t change anyway. These commissioners need to stay out of the sun and use their hot air to fill balloons.
Brandon one of the key words in this article is Prohibiting. Does the word prohibiting justifying anything. If one looks at the scope of things Why do people prohibit one race over another? I mean who is playing truth or consequences in much of this justification.
Sure I hate to go to my probation office but my sister says the PO didn’t do anything to you. Is she like a woman trying to justify herself or like many not using common sense. If Florida laws used common sense and many other states their would not be registry confusion and a lot of these ordeals would be settled with warnings, tickets, or common understanding in all this registry tackiness.
SO, a ‘Tax Paying Person Forced to Register’, is not Allowed to Enter a Government Building in this Town/County Etc? So, Then, Therefore, ‘Persons Forced to Register’ Should be NOT BE ALLOWED to Enter a Jail or Prison etc in that Same County-If you Follow the Same Logic!..
CORRECT?!?1?
I doubt the county will even try to defend this. It is not worth their time to make a challenge. All they have to do is add one more line of this exception to the list already in force to make the change for this one challenge, and the lawsuit will be dropped.
It will do nothing for the rest of the ridiculous statute that will still be in force,, which should be the main challenge of a lawsuit.
The County loses nothing because they will continue to ignore registrants views anyway on the few occasions that the board meets, and the law will still be in place the rest of the time.
They were given that option before the necessity of filing a lawsuit. We had a member call to action requesting that specific relief.
I participated in that and received snarky replies from the head council woman. I believe “Sue us” was the response. What goes round comes round!
Yeah… Well I guess they got what they asked for!
FAC
To Quote my dear Friend and colleague, Willy Wonka, at the end of the movie to Charlie:
“Be careful what you wish for: it may come true.”
CherokeeJack
It’s great to know you didn’t work for Fagin’s gang picking pockets and you don’t want more except for freedom. Last time I looked for cash was in my girlfriend’s purse and I was like Anne what do you keep in here; which explains why your purse increases in size every year.
May her pocketbook run dry in 2022!! You want to be Scrooge it’ll cost ya!!
Godspeed and good luck.
Is this our own loved commentor Capt. Charles Munsey?
Go Charles Go!
It is, in fact, Captain Munsey! Not only did he and the other FAC Members who stepped up to serve as plaintiffs do a tremendous service for the cause, they did it using their own names! That’s bravery and integrity. Standing up proud and fighting for your rights. I’m sure that during his decades in the Navy Capt. Munsey has seen battles more brutal than taking Brevard County to Court, but I expect the defendants in this one will be among the most savage opponents.
FAC#3…How Much Did it cost them from their Own Pockets?
Let me Know Please…..How much money in Filing Fees did they have to come up with, from themselves?
Would like to reimburse them, please!
It takes real ‘balls’ to do this with their surnames published!..Real Big Balls!
Awesome!
Thanks. FJI covered the filing fee and service. It’s $402 to file a civil lawsuit and about $50 to serve the County. If you’d like, you can send the check, payable to “Florida Justice Institute” to FAC and we will forward it to them.
Heartfelt appreciation to the brave, committed registrants!!!!!!!! Inspiring!!!
And shoutout thanks to FJI and Jessica J. Travis!!!!
I am not a lawyer, and this is not directly connected, but as I read into the Motion for Preliminary Injunction the following jumped out at me:
“Courts use the “forum analysis” to determine the legality of restrictions on private speech occurring on government property. Broadly speaking, the Supreme Court has recognized four categories of government fora: the traditional public forum, the designated public forum, the limited public forum, and the nonpublic forum.” Walker v. Tex. Div., Sons of Confederate Veterans, Inc., 576 U.S. 200, 215-216 (2015).
How does Facebook liberal ban fall into this definition? Most every private institution, public institution, news, and government entity uses FB as a means to communicate to the public. And it is assumed the use of FB is an unfiltered, open forum for ALL to enjoy.
As anyone on the Registry knows, FB prohibits our inclusion. Any thoughts?
I am no fan of Mark Zuckerberg and his Facebook, but I will give them credit as I recall this from when I lived in Connecticut at the time: At the time, CT Attorney General Richard Blumenthal (D) (before he became a senator) pushed FB to go through their data base and match names to the names on the SOR and remove them. At first, FB refused. But good ol’ Dick threatened them with his typical (and commonly known) law suits (the man sued damn near anyone for any reason) and that’s when they caved. Now they’ve made it their rule.
At the time, I was on the registry and had a FB page. Once Blumenthal made his move against FB, gone went my FB account.
Maestro
Exactly why they make you register all your social media. So they can get you banned from them. (My opinion)
But they seem to go hand in hand.
Maybe I am lucky but I also know other Registrants who are on Facebook and for many years. I have never been denied access or kicked from a Website/App for my Registration. I do report them all to be safe. I am not but I also know some on Match and other Dating sites with no issues. The biggest pain online I believe is Nextdoor who often has wrong Info. I have even seen wrong Mugshots and charges not even for the right person. How about a Lawsuit we can fund against Nextdoor?
Anonymous
FAC once told me we can barely fund the lawsuits we have. And even if we sued nextdoor, the next, latest and greatest website could turn around and do the same thing. Plus the courts I believe have already rules the information they post is “public” information.
Having said that, if we found some dirt on a judge that was true, and posted that online, I bet your bottom dollar that judge would sue us until we bleed money.
And as far as suing for banning us, we are banned or kicked off of numerous sites and I have yet to see anyone win that one. I was once kicked off of ebay for giving a true and fair negative feedback on someone. I fought for 6 months to get back my account with no resolve.
Anonymous
Do you use your real name and email for Facebook? Crazy how we are banned from what has become the public square of the 21st century. People have no issues with having interactions involving other criminals; however sex makes society go eww. Societal norms change human behavior doesn’t and no amount of laws will change or prevent human behavior involving sex.
Wish they would have challenged the entire ordinances constitutionality and not just for this one circumstance.
I agree Jed! I don’t even understand how such an ordinance can be deemed constitutional. I mean they are literally banning people from coming within a set distance to common public access ways, roads, buildings, businesses, etc. This is literally taking away their right to commerce, the right to simply shop, the right to State roadways, the right to free movement, the right to do business, etc. What other State even has such an ordinance? I mean even the Federal government hasn’t even gone so far as to implement such a travesty! Florida is such a load of crap, and that county is the biggest load of all. I would try for the Florida supreme court when this pans out however it goes!
If the lawsuit is successful and it is determined that the county commission has been essentially meeting illegally — in violation of Florida’s open meetings law by preventing certain people from attending their meetings — could that call into question the validity of any and all action taken by the commission during those meetings?
Yes
ML
There was just a story posted online about two officials who were fired and arrested for SunShine law violations. (MODERATOR: LACKING SOURCE)
Thanks I had the link the other day but was told you cannot post links in the comment section.
But here is my Proof
https://www.villages-news.com/2021/12/15/sumter-county-commissioners-facing-perjury-charges-contend-truth-will-come-out/
Let’s go Capt and the rest of the registrants of Brevard!!! Good luck and I’m rooting for success from Maryland!! Let freedom spread to the other countries in Florida and for Tallahassee to butt out of registrants’ lives.
Brandon
I know it was a typo when you typed that there are countries inside of Florida but gave me a chuckle. The reason is, parts of Florida do seem like a foreign country. Nothing at all against any group of people, just some areas have become melting pots of other cultures, like Miami for instance. It is unrecognizable from what I knew back in the 1960s as a boy. At that time it was the Malibu of the East.
CherokeeJack
Oh boy I just noticed the typo I swore I wrote counties. I did state I’m not the greatest writer ; but I’m not afraid to state my opinion and defend it. Not against a melting pot because American mentally of ignorance needs to be boiled like a frog and take a flying leap into acceptance, common sense, critical thinking, and accountability.
Good. Best of luck.
Hurray!!!!!
Very Nice, Bob (et al.)!