OK: Win in Branded License Case. NARSOL Lawsuit survives Motion to Dismiss.
There is encouraging news out of Oklahoma yesterday! In a lawsuit supported by NARSOL, a federal judge has denied the State’s motion to dismiss a constitutional challenge to Oklahoma’s law requiring certain registrants to carry driver’s licenses and identification cards stamped with the words “SEX OFFENDER.”
The plaintiffs argue that forcing them to display this label every time they present identification (whether at a pharmacy, doctor’s office, airport, bank, or workplace) violates the First Amendment by compelling them to convey a government message they do not wish to express. It also subjects them and their families to stigma, distrust, revulsion, poor treatment.
The State attempted to have the case thrown out before it could move forward. The court rejected those arguments, holding that the proper state official can be sued, that the plaintiffs have sufficiently alleged a constitutional violation, and that the case may proceed. The court also refused to strike the proposed class action allegations, leaving open the possibility that thousands of affected Oklahomans could ultimately benefit from the lawsuit. Importantly, the judge recognized the real-world impact of these branded licenses and accepted as true the plaintiffs’ allegations that the label subjects them to fear, stigma, humiliation, and potential harm whenever they must show identification.
This ruling does not decide whether the law is unconstitutional. But it is an important first step. The case is allowed to proceed, and the plaintiffs will now have the opportunity to prove their case.
Progress is rarely immediate. It happens one case, one ruling, and one courageous plaintiff at a time. This decision is a hopeful reminder that meaningful change remains possible and that the fight for fairness, justice, and equal treatment under the law continues to move forward.
OK Doc 48 Opinion and Order Denying MTD
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I’ll put a positive spin on this for Florida. I can remember a time in the not to distant past that no courts anywhere were ruling in our favor. Slowly some courts are realizing that we cant keep kicking the can down the street nor allow the legislative body to have a blank check in passing new laws. While this does not apply here per se a win for one is a crack in the wall for everyone.
On that note my month is coming up as the new law goes into effect. I will be curious to see if in the 5 minutes I am in there, they mention anything about the new restrictions. I am a creature of habit and do not like change. Same house 23 years, same phone number longer than that emails do not change and no social media. Graduated college while all this started 31 years ago so not much to really say when I go in there. I still massive anxiety and fear, but I am working on it with my therapist.
Funny you mention it, the cop came by my house this morning to do their “compliance check” and not one word mentioned of the new law on July 1st.
Yea. Mine came April. Only time I usually answer the phone from an unknown caller is about 7 Am 3 months after I do my in-office check in. lol He comes early in the morning and make sure I think him every time
At least you get a courtesy call lol. Mine just shows up whenever they feel like it and bang on the door. Different cop everytime. Okaloosa county here.
Wow, this is the reason that finally drove me out of Florida after 50+ years. I had an appointment with an oncologist to deal with some rather suspicious spots on my lungs. I had to provide my drivers license, SS card and insurance information. I saw the receptionist staring at something then looking up at me sitting in the waiting room. She called over two other nurses who also .looked down then at me a couple of times. Obviously, I knew. When I retrieved my identification I told the receptionist I had to retrieve something from my car. I left, and never went back. The next day, we put our home up for sale.
Did they deny you care?
Tony, I hope life is better for you now. People deserve to live in peace. Anyone who wants to forcibly take that from us should be met with justified force in return.
The statute on our I.Ds is so ridiculous. When you go to buy beer, you think the gas station clerk knows what those few little numbers mean? I highly doubt it.
not looking to get this posted something happened and i’m in crisis and really need to talk to someone is there any way possible i can talk to annita please i briefly talked to her a bunch of years ago also is someone has a way for me to contact Steven W. that relocated to the EU i need to talk to him or someone over there because I’m ready to go!
***++community alert +++***
also you may want to do a community alert on just this part can be made public please and it may save someone from arrest! I was just Arrested on recently I’m 62 in poor health the warrant was for not updating registration within 48 hours. At issue is i renew my tag registration by mail for years. every 5 or 10 years the state sends you new tags well the state or i should say county tag office enters the date of issue when they renew your registration the issue is when its that time that the state gives you new tags you have 48 hours to register them. how can you when it takes longer then that. and even if you don’t put them on until right before you go into SO to register every 6 months they were still issued 48 hours before this so SO is using this flaw in this law to arrest people! so do not do mail order/online tag renewal in-case you get a new set of tags! i just looked at my last reg. at so office and lic. plates were on there. another issue is my minds going so for the 2-3 days i sat in jail until i was bonded out i kept wondering if i didn’t tell them about them when i went into reg, or not or if there is a flaw in the law the police are using to arrest people and once i got bailed out and seen that it was on my last reg. then i knew for sure the police are exploiting a flaw in the law! i will be getting out of this state or country im in bad health and my memory is going! and lets not even talk about how the police treated me for a so called civil law infraction. they would not even let me get shoes on and made me walk on hot black top at the jail, had the hadcuss supper tight and i was hand cuffed for at least 2 hours on one of the hottest days of the year did not have the ac on in the back, did not have the little window open in the cage to let air pass! this is BS IM TIRED OF IT ALL! ABOUT 30 YEARS ON THE HIT LIST LAST FALSE BAD ARREST WAS WHERE THE COP TOTALLY LIED ON WARRANT SATING MY PREVIOUS CONVICTIONS WHERE SOME OTHER STUFF AND STUFF I NEVER BEEN ARRESTED FOR THAT OFFICER SHOULD BE PUT ON THE BRADY LIST ALTHOUGH IT WAS 10 YEARS AFTER THE ARREST THAT I SEEN THAT WARRANT THAT WAS 100% FULL OF LIES!
We are in dire need of positive news right now. Thank you FAC! I experience “fear, stigma, humiliation, and potential harm whenever” I walk out my front door, go to a job or meet someone new.
Will this help us here in Florida if they win the case and would it only be for the words or also for those of us that have to have the statute on our IDs?
it will be many years before it does as if this is in a different circuit/district/area court. but i think a win here would create a federal court spit and thus go to SCOTUS
Screwed, Which federal circuit has ruled the other way?
I THOUGHT OUR CIRCUIT DID and LA. or Mississippi case not to long ago where they said less stringent /noticeable markings were OK. ok i just did some digging perhaps it was state court but in the eleventh circuit rejected a similar compelled speech claim against sex offender designations on drivers lic. corbitt v. sec’y of the ala. l. enf’t 115 F,4th 1335, 1352-53 (11th cir 2024) and perhaps Doe 1, see mcguire v. Marshall Alabama 2024 there the court rulled that there is a less restrictive means but still allowed it perhaps im not ready or comprehending these correctly
Corbitt was not about sorna.