Legal Update: Replies filed in Ex Post Facto challenge
Attorneys Val Jonas and Todd Scher have filed Responses to the State’s Motion to Dismiss and the State’s Objection to Plaintiff’s request to proceed anonymously.
As with all their pleadings, these are well researched and articulated. We appreciate their hard work to get these done during the holidays.
The State has until January 2nd (absent extension) to file their response.
Copies of both documents are below:
ex post facto – response to MTD
ex post facto – response to anonymity
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This is excellent. There is no doubt that these two lawyers know exactly what they are doing. Their words and arguments are reminiscent of winning cases from other Circuits.
Whatever the District Court judge rules, the Eleventh Circuit will rule that dismissal is required, based on Doe v. Moore. At that point, a win is possible only if the Supreme Court grants certiorari in Bethea v. North Carolina, and then only if the Supremes are willing to embarrass John Roberts by overruling Smith v. Doe (Roberts argued Smith for Alaska in USSC). Doubtful at best, no chance if he becomes Kennedy II, as is almost a sure thing.
” only if the Supremes are willing to embarrass John Roberts by overruling Smith v. Doe ”
Roberts argued for a basic registry. He didn’t argue for what we have today. I don’t think any of them could have seen this coming 15 years ago and even Kennedy in the Packingham case said it was a “troubling fact” people are still being punished post sentence. As the Federal judge from the 6th circuit said in Snyder : “Smith is not a blank check”. You can’t just pile on laws and pile on more laws whenever you like. The only ones that should be embarrassed is our legislative bodies. Bunch of weak cowards.
I hope you are right about the court looking realistically at the current SOR statutes, but I fear they will not want to embarrass a colleague. We shall see. I do think the dam is about to break and these “laws” are about to be consigned to history’s dustbin.
We can only wish they won’t want to contradict their colleagues. Most of their colleagues are overturning these laws, willing and able to apply the Laws of the Land. The Eleventh Circuit seems slow in its willingness to upset the apple cart. My own opinion as to why this is so is because many of the most heinous, high profile crimes have occurred in Florida. A judge is only human and his perspective can easily be affected by the community in which he lives. He hears the opinions and grievances from his friends and neighbors just like we do. There’s a reason why we can’t take this case to the 6th circuit, for example. Different Courts can lean in many different directions and this Court seems to lean towards “the State and Police are usually right, you’ll have to convince me otherwise.” I trust we will do just that.
Well put, John!
Anybody filing for the collateral damage? If i stay at a familys house their address is on the registry even though they did nothing? A child buys a car or scooter that youll
Never drive and that license plate is on the registry? One person is a registrant but the entire household is on the registry? The registry will be used to keep my household off of neighdor apps: the registry will be used to keep me from visiting my sick relatives in a hospital. I will be denied medical attention in a rehabilitation home or old age home because of the registry. My children will
Never see me at a game because of the registry…. who will speak for their rights? They are paying a penalty for doing nothing…..
Hi Robert,
I sent this email thanking both attorneys working on “our” case. Ms. Jonas responded with thanks immediately and seemed to appreciate my acknowledgement of her hard work. My letter is below her response. Thought it might be of interest to the members…
Thanks very much for your kind words and encouragement. It means a lot to me. I’ll continue to work for this cause for as long as I can and as hard as I can. I hope the new year will be better for all of you.
Val Jonas
Weitzner & Jonas, P.A.
1444 Biscayne Blvd., Suite 207
Miami, FL 33132
786-254-7930 (Office)
305-527-6465 (Cell)
Hello,
I am a member of Florida Action Com. and a Registered Sex offender (non contact).
I just wanted to express my appreciation for all your hard work on bringing this suit. It is great to know that there are some who are willing to stand up for RSO’s and try to understand and bring to light, the plight we are living every day.
The devastating rules and restrictions imposed on us is almost unbearable and impossible to comply without a full time attorney guiding us to remain in compliance, and to remain out of prison for foolish technical compliance violations.
Although the odds are definitely against us, with the prejudice and hysterics that the justice system and public has been falsely brainwashed against RSO’s, by the public humiliation, shaming, and demonizing of finding ourselves on the SO “list”, maybe your suit will be a new beginning in changing of some minds to realize we are not all pariahs and deviants, and effect much needed changes.
I wish you the best for a successful outcome on the suit, and hope you have a great holiday season, and hope this suit is not taking all of your time from your families on this celebratory season.
Kindest Regards,
Great work! After seeing this I wrote them a ‘Thank You’ letter as well. I encourage everyone to do the same! Their email addresses are in the filings.
There is a line of caselaw holding any law, enacted by Congress or a legislature, that is based on an erroneous assumption of facts, is an arbitrary law and violates the substantive due process prong of the Due Process Clause of the 5th and 14th Amendments.
Every legislative body that has enacted Sex Offender Registry Laws have stated the Registries are necessary “because of the high recidivism rate of persons convicted of sex offenses.” Many States, including Ohio, actually State these erroneous reasons for the laws in the introduction and preamble to the statutes.
This is patently untrue. The US DOJ BOJS has published study after study finding the recidivism rate of sex offenders after release from prison is the second lowest rate of all felons, for new sex offenses. So have numerous State Corrections Systems, including Ohio and New York.
Why is it no one has challenged the AWA and it’s progeny as an “arbitrary law” based on the fact it was based, argued and predicated on false and erroneous facts?
Alright, So I have to be 100% honest.
I love the work Val Jonas is doing, her heart for the matter & her accessibility, but the initial complaint I thought rang a bit pro-se’ish.
Now it seems it was strategy to get respondents on their heels in their response.
This new filing is FIRE!!! If we have an actual impartial judge this will prevail, as will factual, precedent supported, in your face type filings like this throughout this case.
Sorry I doubted Val & FL Action Committee
I especially like the argument that the “cumulative” effect of additional regulations rises to the level of punishment, and that current state registries are far different from the one at issue in Smith v Doe. Good job.
Prayers