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Going onto the https://www.un.org/en/about-us/universal-declaration-of-human-rights declaration page they list 30 articles that are supposed to apply to every person. No one shall be subject to arbitrary arrest, detention or exile. (Article 9) Most notably that everyone has the right to freedom of movement and residence within the borders of each state. (Article 13) Nor shall a heavier penalty be imposed than one that was applicable at the time the penal offense was committed (Article 11b). Also, everyone has the right to a standard of living adequate for health and well-being, including housing (Article 25). Everyone has the right freely to participate in the culture life of the community ( Article 27) All of these the state of Florida grossly tramples our universal rights, so where is our remedy?
Local ordinances serve no purpose but to zone us out thru residency restrictions (https://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1916&context=flr ). You the local system, the local council who continually push or more and burdens placed upon us in the form of exile, which is forbidden and it shows when half the town is off limits to live in. Forcing us into smaller and smaller clusters. Many times, these restrictions create homelessness and now they have a lower quality of standard living and there is no other correlation than being on the sex offender registry in Florida. The states response would be just move out of Florida which again is in contrast Article 13 that I have the right to freedom of movement and residence within the state. Seems the United Nations also care about ex-post facto punishment in Article 11, but the State of Florida continually increases the reporting requirements associated with the registry many effecting Article 27 as well think Holidays. And all of this falls under Article 11b Ex post Facto. Enough is enough
Eugene V. Debs >>> Don’t worry my friend, I’m just about ready to pounce on FDLE. My ducks are in a straight line right into the proof that even with “Due Process” this has now become an extension of punishment under NJ state and 3rd cir. court rulings of the Due Process clause because I was convicted criminally before the VCC. I challenged the Prosecutor after July 25, 1995 John Doe v. Poritz Due Process ruling and had a Civil Tier Level 1 Judgement before May 17, 1996 Federal Amendment. THEN >>> Lets go Federal – E.B. v. Verniero Argued October 21, 1996 – Opinion August 20, 1997 The Court held the due process clause under the State and Federal Constitution laws require a judicial hearing before public notification may take place. I want to know what LAW gives FDLE the right to exceed a court judgement making my conviction public record?! Come Oct. 31 I will be refusing to register. Shit is gonna hit the fan if they don’t work to resolve this before then.
[The Moderator reminds all members subject to Section 943.0435 of the Florida Statutes, to remain in compliance with the law].
I wish you the best, I would brainstorm with a legal firm and see how you can try to go forward your case while remaining compliant with law.
Eugene V. Debs >>> I seem to be turned away from every law firm I have contacted when they see how bad it will be. Unless I have been arrested they don’t want to know. I’ve called 39 Civil Rights attorney’s in Fl an not one bite. I have 3 in NJ who are waiting to shred New Jersey’s Megans Law which will make the Feds look hard at theirs after I prove FDLE was not to make it public record making it an extension of punishment.
[The Moderator reminds all members subject to Section 943.0435 of the Florida Statutes, to remain in compliance with the law]. Yes for sure please remain in compliance as I’m for Constitutional laws 100%. I’m trying to get this resolved before then also but if it isn’t I will be forced to refuse as it is violating my Civil Rights as an American. Rosa Parks refused to give up her seat on the bus for civil rights in this country I will be refusing also as I may have a good shot of proving all the way to the USSC this is an extension of punishment. All I ask is for the million on the Registry to stand behind me.
http://www.northescambia.com/2023/09/century-man-gets-probation-for-trying-to-run-over-man-he-thought-was-convicted-sex-offender
Probation really? so now we need to worry about copycat crimes.
Received a call labeled “Potential Spam” by my phone provider right at 9:00 P.M. The number was 850-407-7222. I screened the call with Google and asked for more information. They “said” 217-933. I “asked” why they were calling. They rep-lied “status.” I asked who was calling and they rep-lied “police.” I hung up, reported the call as spam and blocked the number.
Win in Ohio which is in the 6th court of appeals which includes Tennessee and Michigan. Anyway a man got convicted of a crime in Kentucky he had to register for 15 years, state said his time had to restart upon moving to the state, court said no it doesn’t. So now we have on state Indiana saying your time restarts which is in the 7th and this new Ohio case. So now we have two different interpretations of the law. https://www.courtnewsohio.gov/cases/2023/SCO/0831/220782.asp
[The Moderator observes that this case is from state supreme court rather than the Federal court of appeals for the 6th circuit. A welcome decision nonetheless].
Sorry mod. I was jumping the gun, I was just saying the state is more than welcome to appeal it to the 6th, which ruled in Doe vs Snyder ( maybe this case doesn’t cover this) in our favor. So the state would have an uphill battle.
Eugene V. Debs, Yes a much needed win that’s for sure. It’s about to get real here soon. If they push ( FDLE ) against the ( FBI ) then I think your gonna see some fireworks. I will be refusing to register in the month of October. This will start a chain reaction they cant stop. See the original law Megans Law is founded on that it is not an extension of punishment. Well we will now put a name to Doe vs Poritz in New Jersey where this whole thing started. “DAY” Allah Day… The NJSC ruling stated “Even though it is not an extension of punishment you must provide these men DUE PROCESS” Well it became an extension of punishment even after having Due Process caused by Law Enforcement of the state of Florida. See I have an actual civil judgement that many people don’t have. I was convicted on 2/19/93 before these laws. NJ used the civil side of the act to enforce registration on people who were convicted before Constitutional Laws. Now Florida is using Constitutional Law to enforce that they had the right to make my Tier Level 1 public record by their laws. This is why 39 Civil Rights Attorney’s in Florida refused to even listen to this. It’s a case that could bring the whole thing down because it proves the law is an extension of punishment.
[The moderator reminds all members to comply with all applicable registration laws].
https://www.themainewire.com/2023/08/nearly-half-of-maine-sex-offenders-released-between-2005-and-2019-offended-again-usm-report/
Fine print on page 36 only 3 percent committed another sex offense
Comments on this grossly misleading article are open at bottom.
I made a comment about this terrible piece of “journalism” I encourage others to do the same and also reach out to the site itself and call out this horribly misleading article.
The Florida States Constitution guarantees section 10; that no bill of attainder, ex post facto or law impairing the obligation of contracts shall be passed.
A bill of attainder definition according to law.cornell.edu- “A bill of attainder is a piece of legislation that declares a party guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trail process” Courts have adopted a three-part test to determine if a law functions as a bill of attainder
1.) The law inflicts punishment
2.) The law targets specific named identifiable groups
3.) Those individuals or group would otherwise have judicial protections.
In Nixion v. Adm’r of general serves the court determined that punishment for the purpose of bill of attainder will be determined by considering:
1.) Whether the statue would historically be viewed as punitive.
2.) Whether the statue viewed in terms of burdens and severity, can reasonably be said to further non-punitive purposes.
3.) Was that a congressional intent for the statue.
I believe the congressional intent for living restrictions placed on people who committed a sexual offense were to restrict were people convicted of a sex offense from living from them a certain distance that they felt would be safe. To so called have a buffer around certain areas around the community that were off limits to people on the registry were children are known to congregate or frequent. I’m sure they would say that I am correct in their intent.
However, over the years this safe zone as increased from a state asked 1,000 feet to many local municipalizes, local ordinance and counties enacting 2,500-foot exclusion zones that now encompass more than most of the cities now have become effectively off limits to live in. While I’m sure they will say that they are doing it to protect the children. The obvious effects can be seen. Many registrants are barred from living with their support groups because it is located to close to a bus stop, church, daycare, school, etc.
Studies have shown that almost all people convicted for a hands-on offense knew their victim, also 95 percent of registrants do not go on to re-offended. How do living restrictions help the community if both of these are true it creates a false sense of security that makes people feel safe. This creates more of these unrealistic feel-good laws that don’t actually do anything except disguise the punishment that the laws enact. So, we have this all-encompassing ever expanding black hole where land is virtually off limits to live in. Many are arrested about lying where they live. Image that in jail for living in an area off limits. Sounds a lot like banishment, which exactly what living restrictions amount to. Historically living restrictions were aimed marginalized populations throughout the history of the United States. From Indians to African Americans, Jews etc. The restrictions that we face are no different than what they faced in the past.
You have many state legislatures saying they don’t want them in their community in the state legislature meeting this year, they made it blatantly clear what their intent is they want to feel safe and by doing that is through ever increasing restraints such as living distances. However, under Florida Statues 350.05 oath of office, before entering upon duties of his or her office each commissioner shall describe the following oath “Before entering upon the duties of his or her office each commissioner shall subscribe to the following oath: “I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am qualified to hold office under the constitution of the state, and that I will well and faithfully perform at all times the duties of Florida Public Service Commissioner, on which I am now about to enter in a professional, independent, objective, and nonpartisan manner…”
So here we have the underline what they are supposed to do when elected to the Florida Senate. And, you have documented case after case where they push scientific studies aside to vote on objective feelings which is against the oath that they sworn to pledge.
So, in my mind all three prongs are meet in a bill of attainder We have seen living area used throughout history as the undesirable areas of town and exclusion zones, the second part if whether the statue viewed in terms of burdens and severity, can reasonably be said to further non-punitive purposes which when almost all of the people are not on the registry at the time of their offense and almost all the people on the registry remain crime free its safe to say it doesn’t. And last you have numerous politicians who openly say they want to pass these laws because they want their communities to feel safe when case study after case study shows residency restrictions due the opposite of this. They are supposed to enter the senate with being objective but as you can see, they openly scoff at the facts. I believe a bill of attainder lawsuit may be the way forward to get rid of residency restrictions. The residency restrictions only force you further and further out of the community, how can you not see the punitive intent? Has anyone know if a lawsuit has been tried with bill of attainder and residency restrictions?
sorry its so long but it looks like it describes our situation pretty well