In a decision issued today, the Federal Court for the District of Minnesota granted a preliminary injunction against the enforcement of a West St. Paul sex offender residency restriction.
Calling it a close call in light of 8th Circuit precedent that previously found SORRs constitutional, the Judge found that the West St. Paul Ordinance is significantly more restrictive than those upheld by the Eighth Circuit and was persuaded by the recent persuasive precedent from other federal circuits (including our 11th Circuit) which found otherwise.
The opinion concluded that West St. Paul’s ordinance was too far sweeping and the lack of an individualized risk assessment to determine who should be subject to it, “doomed” their ordinance.
While this decision is not binding on us here in Florida, the more wins accumulated nationwide, the better. Also, the citation of our Miami-Dade SORR case as persuasive was a nice mention!
I’ve also noticed the “lack of individual assessment” theme in these suits. Plan on using it (among other things) to push a motion to my probation court to remove my treatment and polygraph requirements. I have no illusions that I’ll win there, but think it’ll stand a pretty good chance on appeal. (Georgia, before anyone asks)
That’s great. More persuasion to add to the Florida cases.
” the lack of an individualized risk assessment ”
That is really the whole crux now with some or if not all of the Federal courts ruling. From the Colorado case to the Snyder case, this has been the issue. There is no individualized risk assessment. Let’s just throw them all in there and let people sort it out on their own. That lack of individualized risk assessment and just that alone may create cracks in the system and potentially “doom” the registry as well just like it “doomed” the ordinance in this MN case according the opinion.
Frist of all I want to thank FAC legal (R) for doing the most with the least. I know it’s time to renew our membership but also remember to add a little extra for legal because all of these bullshit laws that are happening in Florida needs to be challenged with a joint effort of all of us we can take these on, but we need funding we all including myself can bitch about what’s happening in Florida we need to challenge the laws in the courts! We need money to do it.
Thanks DS! We appreciate the recognition!
We get a lot of emails asking “why don’t you sue…” or “you should file a lawsuit…”, but when we solicit funds for an action, very few come to the plate. Everyone recognizes that employment is an issue and that our population is generally broke, but even when we ask for the free stuff, like emailing a letter to a commissioner for a call to action, people scurry off and hide.
People NEED to stand up! We have an immensely aggressive plan for 2018 which includes a lawsuit in the same line as Doe v. Snyder. If we win, this will be HUGE, HUGE, HUGE!!!!
We need to give ourselves this opportunity!
Keeping my info confidential for fear of backlash until off of probation.
The reason Most So’s hide is for fear of further persecution, punishment, and encroachment on our otherwise dismal “privileges”. Probation for the most part whether mental or real is really a continuation of Prison which most had to go through in the shadows. Imagine living a life in constant fear but at the same time functioning with constant repression. In order to be successful you have to almost be robotic. Start to finish Prison conditions you, Probation further conditions you while the laws alienate you. No longer are you human or even scum or Leper. You are worse than that. So the next time you FAC or another agency are called on to sue this or do that and don’t get any backup; know that it’s not because we the collective labeled stigma of society dont WANT to but rather feel we CAN’T for fear of retaliation. Wether warranted or not this is how Most feel.
I can appreciate that… though what you are doing now is helping the cause. Write anonymous content that we can post to the site. Send it to [email protected] and we’ll post it. Help with research and writing is something we could use too.
Would sure be a nice change to get some wins in Florida…