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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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.