The Nebraska Criminal Defense Attorneys Association (NCDAA) and ReConnect, Inc., have teamed with Nebraskans Unafraid (NU) to call on Gov. Ricketts to temporarily suspend in-person reporting requirements for registered people during the pandemic.
The request was made in a May 11, 2020 letter to the governor. The letter was signed by Joseph L. Howard, president of the NCDAA Executive Board; Jeanie Mezger, NU Board member; and LaVon Stennis-Williams, Executive Director of ReConnect, Inc.
‘By mandating in person registration during this pandemic, the State forces its citizens to choose between the health and well-being of themselves, their families, and the public at large and compliance with the law,’ the letter says.
I have been in contact with several attorneys (including the ACLU of Florida over the few weeks) trying to get someone to help me to file for an emergency injunction to force Lee County to allow me to use a video app (like Zoom) to register.
No one will help.
I have emphysema and heart valve disease. If I catch Covid-19, it is a death sentence.
Why haven’t FAC and the ACLU of Florida petitioned Governor DeSantis? Or have they already petitioned and been ignored?
I have been sheltering in place because of my health problems, and I am scared!
Respectfully, I have spoken with you personally about this so “No one will help” is a bit of an unfair statement. The reality is that private attorneys would absolutely help you but expect to be paid for their services and legal aid organizations (such as the ACLU) generally don’t take on individual cases. They generally take on cases that have broader impact. Despite that, I think I communicated to you the updates of conversations with the ACLU, specifically, and if you need clarification you can reach out again.
FAC and the ACLU HAVE petitioned Governor DeSantis. See our press release here: https://floridaactioncommittee.org/groups-call-on-governor-desantis-to-temporarily-suspend-in-person-reporting-required-under-sex-offense-registry/ we sent a couple letters, we not only had the ACLU contact on our behalf, but other orgs, such as FJI, the Aleph Institute, FL Assn. of Crim. Def. Attys. and did a call to action, where numerous members (which include industry professionals such as attorneys and treatment providers) reached out as well.
We have been ignored by the Governor and we’re not holding our breath to hear anything back from his office.
Oh gosh! I meant no disrespect. I appreciate you taking the time that you did. I know you are busy.
I guess my wording reflected my overall frustration at the situation. – I am being forced to risk my life in order to comply with a civil registration requirement.
Please forgive me if I sounded ungrateful. It was not intentional.
I contacted private lawyers as well and intimated (and fully meant and intended) that I would pay a lot of money for help with this matter. I was told, by the one private lawyer who bothered to reply, that the statute requiring registration includes the words “MUST report in person”.
And, although I countered with the fact that FDLE has granted discretion to counties and that some counties are registering by telephone, the lawyer advised me that these counties had thus made an (oral) agreement/understanding to not prosecute. But since Lee county was not willing to enter into such agreement, then they were within their rights.
But it is immoral and unjust and unkind just the same. And I am scared for my life!
Please don’t be offended. I did not mean any offense, and I DO appreciate your efforts!
I am wondering what the odds are of pressing a civil suit after the fact for the torts Intentional Infliction of Emotional Distress or perhaps Intent to Inflict Grievous Physical Harm. (Is that a tort or a crime?)
After all,
1. the FDLE has granted latitude
2. Many other counties have acted humanely
3. Video Apps are ubiquitous and secure
4. (Conclusion) It is outrageous and extreme to hold people to this law during this pandemic
To reply to your points:
#s 2 – 4. agree but these points are irrelevant.
If you could not find a private attorney willing to file an independent action on your behalf for a fee, reach out and we’ll refer you to one in a heart-beat. The Statute DOES state the words “must report in person” but the challenge (and you’d have to defer to the attorney for the legal argument) is that that’s cruel and unusual punishment.
We have several people who have reached out to us who are high risk because of health issues, but are also elderly, immobile, don’t have transportation, etc., so this issue has been at the forefront of our concern and efforts since the virus began. If you read through our weekly updates and posts since March, this is something that we’ve worked really hard towards and are as frustrated as you are. We hear you and agree with you 1000%. This is total BS. This will sadly become another illustration in the Ex Post Facto Plus case.
Thank you.
I have sent an email to [email protected] requesting a referral.
By time a decision is made, seems everything will be back to normal. That is the problem with the slow hand of the justice system. How many times has an inmate who is sick finally approved to be released for humane reasons, long after he already passed away.
This should have had an emergency hearing from the start.
Little bit late to send this letter, don’t you think? Most States are already attempting to reopen.