NARSOL files suit over Oklahoma Driver’s License branding
The National Association for Rational Sexual Offense Laws (of which FAC is the Florida affiliate) and OK Voices (the Oklahoma affiliate of NARSOL) has filed a civil rights lawsuit in the Northern District of Oklahoma challenging the Constitutionality of an Oklahoma Statute that requires the driver’s licenses of persons required to register as sexual offenders be branded with the marking “Sex Offender”.
The Complaint alleges the branding constitutes compelled speech in violation of the First Amendment. The plaintiffs seek declaratory and injunctive relief against the Commissioner of the Oklahoma Department of Public Safety and the Attorney General of the state, preventing them from branding individual’s licenses. A similar federal lawsuit was successful in Alabama and one challenging the “Sexual Predator” label on Florida licenses was successful here.
FAC wishes lots of luck to NARSOL and OK Voices, and especially to the brave individuals who agreed to be named plaintiffs in the lawsuit! You got this one!!!
A copy of the complaint, hot off the press, is below:
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Lane Kirkpatrick versus Dave Kerner case number # 3:23-cv-01180 does not show decided upon at this time according to Pacer.
I think the FAC writer is referring to the Crist v State case in the 5th DCA, not the Kirkpatrick case. Although, I believe the 5th DCA is going to review its ruling en banc.
I don’t understand something. WE WON, right? Here in Florida the Driver license branding was declared unconstitutional.
But, apparently, the ruling was put on hold (?)
How is this justice? People are still required to have their licenses branded. Isn’t there some enforecement mechanism that we can try to trigger?
no there is not, it needs to on the license and is very important information
@Becky
As the famous band Twisted Sister sang
“We’re not going to take, we’re not going to take it—-anymore”.
Cherokee
Horrible voice🤭
Important information for whom Becky? The answer is really no one. LEO already has a registrants information in their database.
@BWJ
AND, I have lost several doctors over the years once the doctors’ offices started scanning our drivers’ licenses. They did not come right out and tell me I was no longer welcome, but they would say something sweet and peppered with candy like “We have decided to go on a different path that does not align with our moral standings for certain patients”.
Not sure I am allowed to state on here which hospital but a very well-known and largest chain in Florida.
Cherokee
Say no more. I think that I worked with that particular hospital chain. Nice lyrical quote by the way.
Cherokee
I have no issues with any Doctor’s, being on registry..never had
Not sure what your deal is ?
It’s important for the cashier to know when you buy beer at Circle K (sarcasm)
To my knowledge, no court has ordered the state of Oklahoma (or any state in that circuit) to remove this language yet. Someone with standing has to raise the issue in court, as they’ve done here.
They might cite out-of-state rulings as persuasive authority.
Its still on our license in Fl. They just got smarter and put a Fl statue number on there. Unless you know what to look for its not really obvious but its still there
Crystal
Nice..
I am glad in Florida, at least the offender statues, only has a statue, not sex offender. But once when I went to re-new my drivers license, the clerk lady yelled real loud for everyone to hear, “DID you know your license says you are a sex offender?” And yes she did that on purpose and even giggled after doing it.
I had to have the security guard walk me to my vehicle after that so I wasn’t jumped in the parking lot.
And even tho we are supposed to be under the constitution with compelled speech, some judges do what they want and up to you (Us) to fight it, which we all know, could take years to appeal. For the sake of God, why can’t a judge be honest and state this entire scheme is un-constitutional. We did our time, but seems every year they find more and more restrictions to place on us, while never seeming to be punishment in their eyes.
“For the sake of God, why can’t a judge be honest and state this entire scheme is un-constitutional.”
Judges like money, pick the low-hanging fruit of going after the boogieman, sex offenders, and don’t want to lose their job or respect. It’s easier for a judge to rule/speak against the President than to even suggest a modicum of relief to PFRs or relations of SORNA.
This complaint has just been filed. The court hasn’t ruled on it yet.
Troll much? Compelled speech is unconstitutional. How would you like to have your driver’s license display the words habitual drunk driver or sex worker on it?
Don’t do crime and there will be no Consequences..😃 simple
Not sure if you’re being serious but as you know the Constitution applies even to those whose backgrounds make us feel uncomfortable.
We don’t want to set a precedent where individuals are compelled to deliver the government’s message about them. Not unless doing so has ever solved or prevented sexual abuse cases. But so far, the government hasn’t shown that.
In my opinion all Sexual Predators ( pay attension PredTors) must be clearly marked on their DL.
@Ben
AND just how will that help you? Unless you are law enforcement, the license agency or a bank teller, you wouldn’t see that anyway so how does that make the public safe.
The registry and markings on the drivers license could potentially harm not only the registrant but also their families who have done nothing wrong.
No need for a bank teller to know your past. Not like we are going to jump over the counter and have our way with them right there in the bank. And I know this falls on deaf ears for most, but those who went through prison for a sexual crime have some of the lowest instances of being a repeat offender.
Cherokee
They won’t be able to board cruise ships, planes any place where children gather.
In my opinion all pay attention (sex predators) must have special symbol on their DL showing as sex pred. That will prevent them boarding planes, cruise ships…etc
Never heard of anyone reoffending on the plane.
@dr
You are sadly under the presupposition that everyone labeled a ‘sexual predator’ is actually a predator.
Many on the registry are labeled ‘predators’ NOT because of a continouse ‘predation’ for victims, but because the State law requires them to be according to the crime.
In other words, crime ‘a’ = label ‘b’.
Very few people labeled ‘sexual predator’ ever re-offend.
The recidivism rate for ALL registrants is less than 5%.
Do the homework yourself so that you will not make uneducated statements like your previous one, unless you are really scared of knowing the truth in that proves you wrong.
How about it, dr??
I have a special apathy towards predators who took advantage of children In my book their lowest of them All. Don’t care about Criglist or other site stings. Sex predators should never walk with their heads up in the air. In fact, they shouldn’t be able to look at any human beeing How about that🫤
Be merciful to others, and you will receive mercy. Forgive others, and God will forgive .
Cruise lines already run a background check long before you board. And you can’t keep someone off an airplane unless they are on a no fly list. There is no practical application for the marking on a drivers license. It’s something some lazy legislators came up with instead of tackling actual problems. It’s might make you feel like you’re being protected when in actuality it’s does zero to protect anyone.
If an offender is Hell bent on offending, NOTHING is going to stop them. Those of us who have done our time years ago and not re-offended should not be further punished for the small group of people who do re-offend.
Seems like one incident can change the entire law and cause all of us who are in compliance to have to feel the impact of new laws, rules and ordinance due to a few that have not been in compliance. Why punish all of us? Especially retroactively. Like I keep saying, at some point the dam will burst and it will not be pretty.
Exactly I did 13 years for meeting a guy in over 21 club who wasn’t 21 but 17. Got sentenced a month before his 18th birthday and I was 23. I fully believe laws on Predators need to be enforced more but people who are offenders not doing wrong are stalked basically by the cops. Completely backwards if you ask me.
100% agreed
Cher
I think we should move to 🇨🇦 Canada
@Ben
Simple. The problem here is they keep ADDING consequences that never existed!!
Imagine if you were caught speeding and 10 years later after your ticket the new law was a $2000 fine and they expected you to pay it for your crime 10 years ago!
What you do?
Would pay the new requirements for your old ticket?
I doubt it!!
1 out of 3 adult americans has a criminal record.
Sounds positively draconian there Herr Dr. Guten tag
Bwj
Guten abend mine froind. WAS MACHEN ZE?
einem Troll antworten.
@Ben
Many of us, like myself, had a crime that was almost 4 decades ago. There was no registry when I was arrested, no registry when I was sentenced, no registry until the 2 days before I got out of prison. Then they retroactively applied it to almost all Florida ex-offenders with a sexual crime with zero chance of due process. Technically and legally, that was a very slippery slope they went down but the law makers, make their own rules as they see fit. And up to the Supreme court to decide if they want to hear the case or give a ruling.
So anyone who thinks applying laws to anyone for any crime retroactively would be shocked if you stole something 20 years ago but now they decided to make a theft registry and put you on it for life.
If there was a registry when I was arrested, I could understand and yes, maybe it would not change anyone’s minds about committing the crime, but at least you knew the consequences of the law. But when you change the rules after you have already plead guilty, that is something that is connected with a bad word that I spell out but it’s, “f”-ed up legally and morally speaking. Changing the laws after the fact is a subject that should scare every citizen in the U.S.
But although I know you have your opinion and do not feel sorry for us, I respect that, but do you respect laws? Well when the law makers break or at least mess with the laws for their own convenience retro-actively, it is time to burn the constitution if what it says means nothing.
@Ben
We did our crime, we did our time. But unlike other crimes, we were retroactively (And I believe illegally) forced to register for life as an offender. There are robbers who have been to prison numerous times over their life, breaking into homes and ruining lives, but once their sentence is over, other than having a felony (Or numerous felonies) they are free from any harassment and do not have to go to the police department after their sentences are over and register many times a year and even more if you have updates or changes.
You certainly can hate us and we will understand, but when laws are bent for a certain motive, that should concern every citizen’s rights going forward.
This famous poems says it best
First they came for the socialists, and I did not speak out—
Because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—
Because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Cherokee
You forgot Communist
The consequences should end when debt to society is paid. After a person serves their sentence they have kept their end of the bargain.
Anon
Not always
Then whats the point of having a legal system?
I hope he wins.
hopefully he loses