In Louisiana, people required to register as sexual offenders are required to have “Sex Offender” branded on their license. A man who was required to register because of an offense 22 years ago, scratched the words off his license.
He was charged with violating the law and his attorney arguing in his defense challenged the constitutionality of the law on First Amendment grounds.
The District Attorney suggested that since the law was declared unconstitutional, the issue will likely be taken up by the State’s Supreme Court.
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I don’t see any evidence that he scratched it off his license. His kids could have done it without his knowledge.
Kids do the damnest things.
Detroit
If only there was a way for us to scratch ourselves off of the registry, I would be up for it.
Donald A. Berry:
Read regulatory case law. When the government tries to regulate conduct, they issue cease and desist orders, seek informal compliance, etc. This is done because the state is regulating non-criminal conduct. With registrants, the state throws the registrants in jail with no due process. This is evidence of the registry’s punitive intent.
Stay strong, stay safe and stay in the fight.
Thank You. I will NOT take any Plea-Deal. Retroactively complied without any other violations. It equals Life on the Registry.
I’m Registered in Florida. I took a plea agreement in 1989.
I was RETROACTIVELY forced to Register for life. (RECAPTURE CLAUSE)
I’ve complied 100%.
Last month a Residency Check was done 11/5/2020.
I was arrested, as I was Self Quarantined. Because of Family Members tested Positive for COVID-19. The same Drivers license I’ve used to Register with for Years, had a scratch over the Statue code#…I’m considered a Level 2 offender.
I was arrested charged with a REGISTRY Violation, No Bond.
Eventually I was given a $2,500 bond, witch I immediately posted.
My Drivers License was taken as evidence. After making Bond Due to COVID-19, I had to wait 30 days for an appointment with D.M.V. So I was unable to identify myself during this period!!! The Police Officer told Me, I should leave Florida because it is the Hardest state for people such as myself!!! I’ve got this Police Officer on video. I’ve learned to Protect myself. I’ve since replaced my Drivers license, the State of Florida hasn’t filed formal charges. If/When they do, I’m fighting it tooth and Nail. Call a Jury. How can people be so stupid they think it makes them safe. I would of Replaced it on Demand, but I guess everyone is now safer…lol people are so stupid.
Donald
What would have been the harm in the officer saying “Hey, Mister Berry, you need to go down at the soonest possible time and get a replacement license so it does not appear altered”?
Instead
The officer could have just informally told Me to replace it I would have did it A.S.A.P. This Police Officer tried to “RUN ME OUT of TOWN”, I ain’t going anyplace. This My Home this is where I’m staying. This was done as a Warning…I’m Pre-sorns…1989 Retroactive Plea-Deal before a REGISTRY existed. It’s B.S.
Donald
so sorry bud
We are on the same boat. My Charges are from 1991 and there was no registry when I was arrested. When I was being released from the big house, (I do not know how prisoners learn this crap) they were all laughing at me when they learned I was getting out in month. (They know that because of all the pre-lease appointments you go to).
Anyway they were all trying to “Boo” me up talking about this registry thing that was new and that I was going to have to be on. Dammit if they were not correct. I use to register once and only if it needed to be updated. This once a year, then twice a year, now 4 times a year.
A lawyer told me he has heard talk that they are pushing for monthly registration and he says if that happens, hopefully that would be the legal straw that breaks the justices backs. I have spoken to numerous lawyers about going to get removed from the registry but there are no guarantees and if you get the wrong judge, that is untold thousands of borrowed money I could never pay back.
I have not been able to find a job since 2014. I am always honest with my past (To a point) and would rather it be told upfront than fired for it later. Use to I found jobs very easy but now no one wants the hassle since you have to register where you work.
Last job I worked, someone (A customer) hung flyers of me on every isle of the store. The manager got fired over it (maybe for not getting rid of me sooner?) and the new manager fired me 2 weeks later.
Because it would be a courtesy something denied the “SEX OFFENDER”
So far, I have been blessed with an officer who, although firm in telling me to make sure I do everything I need to do concerning registration, he has never treated me badly and always asks me how I am doing. He never harasses me or makes me feel uncomfortable.
He just wants to make sure I still live there and then goes on his way. I also tell him to be safe out there and that I am praying for all men and women in law enforcement. Since I use to work in law enforcement and can tell the ones that are jerks, I can pretty much tell he is one of the good guys.
I can say, if there had been a sex offender squad when I worked in law enforcement, that is not something I would have wanted to be a part of. Sounds too much like probation officer or babysitting to me.
G- ITS A RACKET. NO ONE MAN THE AG HAS THE RIGHT TO MAKE LAWS AGAINST THE CONSTITUTION THAT THE CONGRESS DOES NOT HAVE THE RIGHT TO VIOLATE.
THERE’S NO POWER TO VIOLATE EX POST FACTO OR DOUBLE JEOPARY.
Perfect I was about todo an open plea this week on the exact same thing because the state wanted 6 months; Thank you so much!!
Are you in Louisiana, Florida, or some other state? Please let us know if you learn anything that would help us in Florida. That is a big issue for me — getting the words “sexual predator” off the license. In Florida, there are already too many “safeguards” — the registry itself, the readily available maps of where registrants live, the community notification law, groups such as nextdoor, and signs posted in their yards in Bradford County.
I am out of state F.A.C I agree with some of these comments Maybe after the Ex post facto fund gets funded. We could start a fund to get that compelled speech off the Id and Driver Licence. I know for a Fact that Florida looks at Arizona and vice versa at CASE LAW. This be a good Challenge not for just Florida register citizens but to burn out the craziness before it spreads to my state as well. Could we get a fund set up for too?
Ok, FAC. Help those of us who are not understanding the whole process. I know that many members of FAC understand how this process works for lawsuits from FAC, but some of us are still not fully understanding how it all comes together.
It appears from the meter that we need $2,176 to complete the funding for the Ex Post Facto lawsuit. Is this correct or will more money be possibly needed down the line, making it not feasible to start collecting for a lawsuit to challenge the drivers license problem and the signs put in people’s yards?
There are two other lawsuits for which money is being collected: not having to report in person and the out-of-state challenge. It looks as though the in-person reporting challenge is fully funded, but I might not be correct in saying that. Is more needed for that one?
Even if you tell us that the $25,000 is enough for the Ex Post Facto lawsuit and the $15,000 is enough for the In-Person Challenge, would adding a 4th lawsuit at this time hamper the three we are already working on, therefore making challenging the constitutionality of the drivers license and the signs not appropriate at this time?
To anyone who happens to read my comments here, I want everyone to understand that the leadership for FAC and some of their long-time volunteers are doing an outstanding job fighting for all of us. Once in awhile, I get a glimpse of what is going on behind the scenes, and it is unbelievable what these people are doing for us — their time, their expertise — all without any pay. If something were to happen to just one of these people, we would have a large void in this organization that would be noticed by all.
So when I question how all of these lawsuits work together, I am not challenging the decisions of our FAC leaders. I fully trust their leadership in all matters for us. Once in awhile, someone challenges the decisions of our FAC leadership. If these individuals knew what our leadership team members were doing and their high level of expertise, they would never challenge our FAC leadership’s decisions.
I am only asking the above questions because of my ignorance on this topic.
The ex post facto challenge is already underway. So is the in-person reporting challenge.
It’s the out-of-state challenge that we (including I) need to do a better job finding so that we can get that one off the ground.
And with even more funds, there would be even more worthy challenges.
Thanks for the question, Sarah.
The Ex Post Facto PLUS lawsuit has had 2 rounds of funding. The first round (which was funded) was for the retainer and to get this case going. The current round that is about $2K short of being funded, is the “sustainer”, meaning it is to cover costs of litigation, such as experts and transcripts. Consider there will be at least dozen depositions that’s a costly bill for transcriptionists and transcripts. Then, for those FDLE witnesses there will be travel to Tallahassee. Then we’ll need to have expert witnesses testify on behalf of the registrants, etc.
Win or lose there may be an appeal, so there may be another round of funding, but this is where we are now.
The In Person Challenge has been fully funded – it doesn’t require experts because the issue that the lawsuit challenges speaks for itself… The law requires 48 hours notice, but most Sheriff’s offices are not open for periods of more than 48 hours at a time.
The Out of State challenge can’t seem to get funding because MOST of our members are readers are inside of Florida. This challenge benefits people still on the Florida Registry who are no longer in this state but still on our registry. Since it would not afford any benefit to people staying in Florida (unless they decide to leave the state one day), we’re having a tough time getting support for it, but we are dedicated to the fight and will keep at it until this case is funded and we can get it filed.
Thanks, also, for the nod to those who volunteer. It’s true – we are all volunteers, we donate our time and more of our personal funds than many of us can afford to give, to FAC because if we don’t, it’s not like there’s a long line of people stepping up to pitch in. It’s a necessary fight and we believe this is a great cause.
Thank you, FAC, for your thorough explanation. I now understand the importance of focusing all of our resources on the ex-post facto lawsuit.
Thanks both Sarah and F.A.C. Great questions and also great answers from F.A.C.
I still would like to know if the Expo facto if won would apply to all of us in Florida or just the people whose names are attached to the lawsuit ? That often happens in suits where judges rule in favor of the suit but only for those named in the suit. Just curious. I asked this before but never seemed to get a response, at least that I saw.
Thanks for all you do
All. Not just those named, but all who are similarly situated
I wonder if the mark put on a registrant’s passport could be challenged as a First Amendment violation, like the yard sign or driver license. And not all states post registered people on a public online registry. Some consider the risk of reoffense per individual, and if considered low, do not post the person online. It’s only helpful, though, if Florida removes the out of state person, because Florida is tied to the national public postings. It’s why I try to give to the Out of State fund every time I can, and why I sooooo much appreciate Florida Action Committee.
I think I am going to start playing the lottery with the specific goal of using the funds (should I win any) to donate to the Out-of-State challenge as that seems to be the only way of getting it funded in our lifetimes…
Realistically though, even with funding the chance of winning that lawsuit are about as good as winning the lottery so I am not holding my breath on winning either of them.
If the chances of prevailing in an out-of-state challenge are as good as winning the lottery, then we will cancel the challenge and return the funds to its donors or redistribute it to other challenges if they wish.
Fortunately the facts are on our side in an out-of-state challenge and other challenges. We just need to fund it better.
it will be difficult Doe vs Alabama I believe stated passports were government to government and not used for purposes such as banking, loans, work, bars, etc.
Passports are Federal and not state to state so I would expect that even if you got off the registry, you would still have the markers on your passports unless Federally challenged.
That makes me wonder if we get off the registry do we get to have the statue taken off our driver’s licenses or that too stays because your charges never go away.
If you are taken of the Florida registry you can get the branding removed from your drivers license.
Who ever said some people don’t matter was absolutely crazy. People matter, that’s how get amazing case law. Thank you.
It has been said THERE is nothing new under the sun, Jews in Nazi Germany had a big red J stamped on their ID-PASSPORT-also had too have a Jew lives here on their front door
Not that I am sticking up for the registries ( I hate them ) but the Jews didn’t do anything wrong to get their bad treatment.
Although we do not deserve them either, most of us ( There may be a few innocents ) did something illegal.
Having said that, if there had been registries when I got sentenced, I would have gone to trial 10000 times and appealed any sentence that I didn’t agree with instead of falling on the mercy of the court and getting sent to Alcatraz with Bugsy and the gang.
that’s the problem now if it doesn’t pertain to you it’s not your problem. and that’s what made so many people in Nazi Germany not say anything even though it was wrong. the whole idea of this thing is that you sentence it someone they get punished and then they get to try to reform back into society for the betterment of society. Just because you have preconceived notions are your imagination runs wild when you hear the word sex offender the fact is that there still people who should be afforded the same right as all criminals who break the law. Fear-mongering against a group of people has gotten a lot of public officials elected with little to no evidence that the system in place of Sex Offender Registration would help anybody at all guilty or not guilty.
LoL, Sex sells as I was told. Anything that has sex in sells to the news etc. All these labels etc. Whats next? Special Licence plates. All this need to be changed and rid of. People served their time. If going that far what not get murders, druggies, dealer, pimps, oh and bad cops or corrupted politicians be labeled on their licences and have a registry. They all dangerous people too or safety concern for our children etc. All this is just ways to fill beds up numbers and rated and control the fear to the public. What be next once everyone is labeled, convicted oh and set up on adult chat rooms as FL so loves to do. . . . .
I knew someone in LA who has that one their license. “I’m so sorry they make you do that,” merchants typically reacted.
The bigger question is, if someone got removed from the registry but their charges were still legit, do they still have to get that on their licenses?
Getting off the registry is our main concern but I think a lot of people forget that only changes the biggie, there are still hurdles we will always face. Travel, jobs etc
This is almost worse than being on the registry. When you go somewhere , say to cash a check, it is 1000000% for certain they are not going to look to see if you are on the registry.
Having said that, every place that needs to see your I.D like your doctor’s office, is going to treat you different ( badly ) maybe even get revenge on you, once they see that on your driver’s license. Sex offender or Predator, instead of the statue ( Which is still BS )
I got pulled over once by a deputy. He did not run my license plate and probably didn’t notice the state statue on my license. I apologized for going too fast ( said I didn’t want to miss the light ).
We talked for a while and he told me to slow down and let me go. I bet if I had a big ole “Sex offender” stamp across my license, I would have gotten every ticket you can think of.
So some registrants do not have the words “Sex Offender” stamped on their drivers license?
It depends on the state. Here in Florida, Predators have that stamped on their license. Offenders have a state statue stamped on their license.
I can only imagine even just getting a checked cashed with “sexual predator” stamped on your license and some girl at the check cashing place yelling real loud so everyone in line can hear ” Oh Hell to the no, I ain’t waiting on no sex you all pred ah tor “.
This happened to me recently at a doctors office. I am a disabled person. They were really nice to me until they got my DL then “suddenly” they started acting funny. Then at the end the lady directed me out to the lobby where there were about 20 people and said I had to sign this paper saying I’m a “SEX OFFENDER” she yelled loud enough for everyone to hear.
Did this happen in Florida? What county? Is this legal?
That is crazy, I have never heard of someone treated differently by medical personnel just because of their registry status. Crazy.
What the Hell? I would have sued them and demanded that woman to be fired. I know that is not listed under HIPPA privacy compliance but to yell that out and also to make you sign some papers is uncalled for. I think I might have lost it right there in the lobby.
I hope you never ever returned there and refused to sign that paper. Wish I had been there with you, I would have made a scene that they would never have forgotten. Hopefully you would bond me out of jail afterwards for sticking up for you.
@ Welcome back Cherokee Jack. Is that ok to say to you?
I was going to leave but where else would I go? We have nothing else like this place. I am an addict and this site is my drug.
I still stand by what I said before but from now on , will let someone else fall on the sword.
I had a Workers Comp injury. Was seeing this Doctor for 2 years. He had several offices in different counties. I told him it would be hard for me to go to the other county for a procedure. (likely would be an overnight stay). Told him I was on probation. Didn’t tell him what for. 2 weeks later the Workers Comp insurance cancels my claim. Doctor told them I “re-injured” my arm at my new job. Which was a lie. I got a lawyer and took a settlement, but I an 100% certain it was due to my status.
I am sorry that happened to you Mister Sherburg.
In Alabama, a federal judge ruled it was unconstitutional a few months ago. The decision was shared by the F.A.C. I believe Florida is part of the same district (southern 2nd?).
My question is this, the prosecutor acquitted him? Or decided not to file charges? Or was there a trial and the jury acquitted him? I’m not clear on this.
Also, Florida law requires we carry a valid I.D. with the proper labeling. Lately, when I renew my license, the DHSMV returns my old license. I asked them about it and they said I could dispose of it if I wanted. So, if my current I.D. were to get defaced and lost and then I got a new one, i would be compliant. If I then found my old damaged I.D., and a civilian asks me for I.D., i could present the old one. It’s not fake, just expired.
Where would be the problem?
I already carry my old I.D. with the statute instead of the words on it. This is the one I show the clerk who wants to make sure im old enough to purchase alcohol and I “can’t seem to find” the new one.
If the state wants to say I am avoiding notifying people, i would say that im just helping them follow the court order preventing notification.
Let me know if there is a specific statute someone knows i would be violating. Could be a loophole for all of us.
Federal 11th circuit.
Here is the link to the decision:
https://floridaactioncommittee.org/excellent-decision-out-of-alabama-federal-court/
Sex Offender License Plates are a complete admission to the Public that the ‘Rehabilitation and Correction’ system has failed!! The License Plates are in essence saying-‘WARNING! This person has NOT been corrected or rehabilitated by the Justice System and it has failed to do so! STAY AWAY!’
Sex offender license plates are a thing? Where?
Nowhere that I know of. Ohio has proposals pending in the legislature.
c) It is unlawful for any person designated as a sexual predator or sexual offender to have in his or her possession a driver license or identification card upon which the sexual predator or sexual offender markings required by s. 322.141 are not displayed or have been altered.
Florida statue
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.212.html
“(6) Except as otherwise provided in this subsection, any person who violates any of the provisions of this section is guilty of a felony of the third degree…”
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.141.html
“(3) All licenses for the operation of motor vehicles or identification cards originally issued or reissued by the department to persons who are designated as sexual predators under s. 775.21 or subject to registration as sexual offenders under s. 943.0435 or s. 944.607, or who have a similar designation or are subject to a similar registration under the laws of another jurisdiction, shall have on the front of the license or identification card the following:
(a) For a person designated as a sexual predator under s. 775.21 or who has a similar designation under the laws of another jurisdiction, the marking “SEXUAL PREDATOR.”
(b) For a person subject to registration as a sexual offender under s. 943.0435 or s. 944.607, or subject to a similar registration under the laws of another jurisdiction, the marking “943.0435, F.S.””
That is unconstitutional as it makes us carry the state’s Mark. It was addressed in doe vs Alaska
IS there a link to this story? I’m curious. As far as I know, and though it’s different in every state, states can’t appeal acquittals mostly because of the double-jeopardy aspect.
It’s in the news: https://www.katc.com/news/local-news/lafayette-parish/lafayette-judge-dismisses-charge-against-sex-offender
shouldn’t be on any form of identification from license to plate to passport..serves no purpose other then as a tool to demean harass, restrict and harm.the fact the supreme court toilets have been allowing for these blatant violations tells volumes about their lack of Integrity and lack of interest in upholding the law.
It gives permission for bullies and predators to do evil to those of us who are labeled.
The Federal government is turning on its own citizens out of fear.
What court ruled it as unconstitutional ? In florida it still is put on your license. And if it was ruled unconstitutional why are they still allowed to put it on
This was in Louisiana – a decision from another state is not binding on Florida.
And Florida’s example is even endorsed by the public defender in this case, according to the linked story.
But the public defender stated that Florida only has a symbol on the drivers license, which is not true, implying there were no words.
It’s true but only for those classified as offenders. Those classified by predators in FL still have a battle to fight over this.
FL has status no. 943.04 in little letters for sex offenders and the word Predator for the labeled Predator in red. I believe FL is the capital for all them ideas and top rates. Plus FL big huge liars and love mic time too.
I wonder if you are thinking about the Yellow star that has to be on EVERYONE’s license by 2020 to be compliant with Real I.D statue
Currently unless something changes, Predators have Sexual predator on their license
Sex offenders have a state statue real small on their license. I did hear in 2020 or sooner if your license is up for renewal, offenders statue will be printed HUGE across the front of the I.D
What example are you referring to?
The example on the linked article.
Is there any way we can put forth a challenge in Florida? Or has that already been done?
There is certainly a way but it all comes down to money. The license brands, the Duvall county Halloween signs, the Bradford permanent signs are all excellent challenges but it’ll take more contributions to our legal fund for us to be able to do anything about it.
I have been here at this site for two years, There are a lot of issues that could be challenge. I left Florida for Arizona I had no trouble here at all. The only thing different from my Licence is that on the back it says” You must report an address change in 10 days.” No Statue number or Stamped in red letters. I have given to both funds not for a pat on my back,but because F.A.C is making a difference. Now I read the past week or so ago. About making more challenges and you guys are great! I admire the rise up to fight. But… I am sadden because I been here for quite a while and the out of state challenge is still not funded, I know some of you don’t live out of state. Just given 1-5 dollars to this fund would also benefit you too.1 If you ever left it might not followed you either,and 2. I am tired of seeing Florida getting all that money for nothing because inflated results. 3. Even if you stay there in that state you know you helped stop the runaway train. Bottom line there are some great ideas and thoughts each of you have posted here. However, how we going to fund these if we cannot fund what is on the agenda now?
How would you personally compare you experience in Arizona vs. living in Florida? Just curious.
Hi TE, Thank you for the question. I was convicted in Fla. in 1989 and served my time in f.d.o.c. I was released on Conditional release in 2001. I had to sleep in woods and I was getting baked good out of trash bin from Winn Dixie that was still wrapped up. My experience was awful. I had to pay 25.00 a week to the T.M.I group and i had a woman named heidi she threaten me by trying to get me violated for not paying, I had no job, I did violate because I got tired of her set up. If you admit your crime you had to pay for polygraph test but another one for maintence test.
I then got transfer to Orlando which I was allowed to move into a men’s shelter so anyway there was I had 1000 foot law and go to sheriff twice a year.
Now AZ I been here for 10 yrs I report in once a year to dmv and if i move I go to sheriff office and dmv the same day. If I haven’t moved within 1 year than I just go to dmv, I have no 1000 foot law. No holiday requirements and my id dont have sex offender or sex predator on it. Just on back it say “you must report a change in address within ten days” I am listed as tier 2 but there is life requirement since i have fla conviction I go by florida requirement to be removed unless AZ changes it. Basically employment can be obtain but dont expect amazon or Big name Companies to hire u. I got good landlord a couple of cockroaches for pets but it roof over my head Any more questions?
Unfortunately I was not born independently wealthy to fund these lawsuits on my own, but approximately what would it cost to challenge the branding with the drivers license and signs.
How much more money are we talking about?
We have a meter on our donation page. You can follow the progress there.
I do not fully understand the ex post facto lawsuit. Does part of it challenge the labeling on the drivers licenses and the signs put up in Duval and Bradford counties?
I have the money and about to be sentenced what challenges are there for the numerated markings?
certainly ive been researching this for Months. LA and AL were won using Florida example of “least restrictive” on the numerated. I mean another state uses Y. I mean this mark is supposed to be for law enforcement not for Disney, doctors, loan officers and others to make second class citizens out of people. Ideas??? Running out of time reading to fight…I couldn’t find the Alaska case noted above???
Contact [email protected]
This needs to be deemed unconstitutional in FL as well. There is absolutely no reason to have that put on their license other than to create more fear mongering.
So much for the “united” in united states. They can’t even agree on what is and what is not constitutional from state to state
Sadly this once great nation is circling the drain faster and faster with each passing day.
The values (truth – fairness – justice) that our fathers, grandfathers and some of us fought for have been sold out by corrupt politicians (such as Senator Lauren Book) for their personal enrichment and/or to corporate interests years ago.
The country is more fragmented than ever and guess who the perfect scapegoat is to blame all of society’s ills – RSOs. We are the faceless whipping boy who is publically “flagged” and abused with useless “feel good” laws to make it appear that government and law enforcement are doing something – They are doing something – it’s just not useful to anyone except them!
America was sold out years ago and the abuse we face this is the proof!
Good for him, this should never have been a thing to be put on the license in the first place.
What the next step in getting the law abolished
Because of his civil disobedience this is being now taken to a higher court. This is a win in my book.