LA: Man acquitted of scratching off “Sex Offender” on driver’s license
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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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???
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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.