Just moments ago the Out-of-State Challenge was filed in Federal Court! We are super excited and appreciative to all who helped make this happen! We will follow with commentary (or you can share your own in the comments below), but we wanted to get the news out to you as soon as possible and get a copy of the complaint into your hands immediately. Special thanks to all who made this possible.
A copy of the complaint can be read here:
Did they remove him from the registry already? I see he voluntarily dismissed his own challenge (as caught by: RBS)
Just curious what happened to the out-of-state challenge in court and is there going to be a round 2?
Thanks for everything FAC! I finally gave up and left Florida. Enough was enough after this latest law restricting custody rights. It may have not ever applied to me, but it was the straw the broke the camel’s back for me. I took my wife across the country and settled in a state that has immediately given me back my right to vote and doesn’t harass me about where I live. I have been removed from this new state’s public registry – yet I will remain on Florida’s registry until a judge can see that there is no public safety excuse that can possibly justify this encroachment on my rights.
TK
#1 I appreciate what you did and can totally understand. Sad we have to do something like that
#2 You know that is exactly what they wanted you to do with their “Not in my backyard” movement.
#3 I wish you wellness, blessings and a life free of harassment in your new location.
#4 Maybe some day things will change and people can live where ever they want, as I thought the constitution guaranteed? The Universal Declaration of rights of 1948 United Nations states “Everyone has the right to live, to be free, and to feel safe.” (Guess that needs an updated)
If I die and still on the Florida registry, I’m going to visit everyone who was in Florida’s government pushing these laws and dump a bucket of water on their beds while making the rest of their lives pure Hell.
Brandon
I hope that bucket is full of septic tank water 🙂
Thank you FAC for filing!!!! I noticed the FDLE now divides their registry search into ‘In State’ and ‘Out of State’ choices.
Yes, but they broadcast all.
Right, It infuriates me that my loved one has been stuck on FDLE’s registry and international broadcasting though he hasn’t stepped foot in Florida for almost a decade after a short vacation. Does FAC have any thoughts as to why the FDLE now has the registry divided into in state and out of state? And I wonder where they put the deceased. Again, thank you for all you do!!!!
The registry’s not divided into in-state and out-of-state. It’s just a search feature. Ditto the deceased.
Both out-of-staters and the deceased have been maintained on FL’s registry for a long time. That’s the reason for this court challenge.
Jacob
If I die and am still on the registry, I am going to ask God for a day pass and I am going to haunt the crap out of registry mafia.
Now Cherokee its not good to go haunting. Standing up is the best way and you got to have faith. One could look at all this from a 60’s standpoint but remember.. Only the Strong survive.
Anne
I think with a lawyer there is a way to get removed if they die. There was a guy in my church who passed away and he is no longer on the registry. I even called to ask the FDLE how you can get a deceased off and they told me you have to see a judge and get a court order of removal.
I am no expert but even the hardest hearted judges I think would understand a dead person is not a risk to the community. Otherwise they need to stop drinking and get with reality.
You just have to decide if it is financially feasible to do that. Even though it can be done, like anything legal, there is zero guarantees (So much for guaranteed rights) Seem the dead cannot even “Rest in peace”. (Because their relatives are still hurting from the embarrassment of the registry.)
Riff
The comments some left on that video are more proof people want us dead. With one person leaving a recent comment :
“Castration should be part of their punishment”.
Another comment on the video
“They should live in the woods. Away from our babies I don’t feel sorry for these monsters”
These types of comments prove people want us dead, away from them, locked back up and at least to move to the woods.
Also the female deputy mentioned the “High re-offending rate”
Maybe the outcome of this will apply “only to him”
Anonymous
Yeah, that happens a lot. Rarely do we get a blanket win. Mostly we have to hire our own lawyer and use these wins as a reference. But, that does not mean the judge you see, will see it the same way.
Judges are like Cheetos, no two are alike. Might as well play Wheel of Fortune, because it is a game of chance what outcome you get. Based on the judge, the lawyer you hire and how much money you are willing to shell out for a defense.
The challenge is for the plaintiff and for everyone who is similarly situated so would apply to every out of state registrant.
Is there a time limit on the listing of the deceased person forced to register so the public can become informed of the passing of the person’s life? What are the numbers (e.g. everyone ever registered, FLA residents only, or other) FLA uses when seeking USG money for their hit list? Curious because it would appear to be fraud if they are getting money for those who are not actively living in FLA, but would like clarification on it.
Guess I have to say WOW also. Course I had some sense when I pled guilty. Sure I am glad this man is standing up to this vague truth of diverted justice or some form of divisional injustice. Sure others would rather come down on others. Even wanting others to be angry or suffer the consequences of a bad choice.
From reading all these comments it seems that this law enforcment person was berated which caused him to get banished from law enforcment. Here’s a question for all in this registry matter of justice. Are we all berated in some form by these sexual harlotry enticments? So do we do well to be angry.
Whether we are in Canada or any other state, nation, or provence. Remember truth is good but at times the truth hurts. I wish that person that is challenging all this the best for all involved in this hidden issue of unfair treatment. Look at it as a prosecutive injustice type of folly. One could even say this is an F-troop battle of understanding how to play chicken when the game is truth that matters.
On a lighter note Provoking injustice is radical to extremes and this is a classic example of registry abuse and injustice that has a balance to it.
FDLE, in their upcoming Motion to Dismiss this, will not even attempt to argue that it’s good for public safety. They will simply argue that case law allows them to do it, or that plaintiff is procedurally barred.
Glad we have someone of Ron Kleiner’s caliber to handle this.
Yeah if you take away the registry, the only thing the FDLE will have left to do is process fingerprint applications. (Sarcasm). Anyway, I denied this for years when people said the registry was a money maker for law enforcement and states. Then I started seeing stories of police agencies that had 8-10 cops getting Federal grants for 200 bullet proof vests?
I saw another article that prisons create jobs. #1 Duh. #2 So should creating jobs justify giving people longer sentences? Watching grown ass men in cages that can’t go anywhere is like watching paint dry. Here’s a thought, Putting your trash cans out at the curb each week creates jobs as well.
I just hope the fact that he lives in Canada and is a Canadian citizen doesn’t provide some technicality for dismissal for the defense. I wish this case had been brought with a US citizen living in another state. Surely we could have found a US resident. Not understanding why we are using a Canadian…
Solid question. Is this being funded by FAC or the individual? If it’s being funded by FAC, I pray it does not get dismissed. If it does, perhaps we should file a federal lawsuit on behalf of all those that are closer to the state of Florida…by registration and by residence.
Brad
If you look on FAC main page, top right in green, where it says “Donate” it shows you all the suits funded or needing funds by donations .
There are multiple FAC member funded Federal lawsuits on behalf of Florida registrants.
I’m not a lawyer. I don’t even play one on TV. However, I think that 28 USC 2502 allows foreigners to sue in the US as long as their country does the same. I believe Canada has this reciprocity agreement with the US. So FDLE will need to invent some other procedural argument.
Veritas.
This applies to me!!! Hooray! Years have I been looking forward to this!!
What I REALLY like about this case is that the plaintiff was convicted in Florida and was originally on the Florida registry. While I defontiely sympathize with some poor guy from say Vermont who had to register when he went to Disney World and has been off his own state registry for 10 years, that guy would not help our cause as much. This case is asking that Florida be required to remove ANYONE that is not reading in Florida.
Actually, if a person is released from their “duty” to register in their home state and move to ANY state, including FL, they should NOT be FORCED to register all over again. What’s the point of getting your full liberties back if state by state they’ll be taken away again?
If there needs to be a registry and it can’t be abolished, at least let it follow the length of probation since the requirements of it are quite similar to being on probation. When probation ends – your registration ends. Period.
I don’t see why THIS option is not put on the table for arguments.
Because the chances of winning that argument at this point in the judicial story book is next to zero. Instead, they’ve come up with a case that is totally winable because many other states already remove names from their registries once people move out of the state. Further, because Florida is so restrictive and harsh, many many people have moved out of Florida and have found relief when their new state delclares they don’t have to register (many scenarios cause this to happen particular to each state). Though no longer having to check in and the po-po is no longer coming to the house, barriers remain when they realize that even though they don’t live in Florida, they are still on the registry. In background checks, convictions fall away over time (7 years), even sexual ones. However placement on the registry never escapes a background check therefore employment remains a major hurdle. I have been in the post-hiring background check process several times, only for the offer to be rescinded, not because of the conviction but because of my name on the registry. The conviction does remain which is why I still couldn’t be a teacher or whatever, but other job prospects suddenly become much greater. Plus Florida is one of only a few states that contract with Google and so when my name is searched, there florida is right up top. Winning this case will end that as well. ( and yes Google is now able to remove it and it longer pops up in searches, i have witnessed this happen).
I dunno. I still think it’s a great argument especially when equating the requirements of the registry to being on probation (which is exactly what it’s like). If you have been sentenced to 10 yrs on the registry and your 10 yrs is up and you come off the registry, another state should NOT have the power to make you go back on the registry.
Why not just put people who have completed probation back on probation when they move to another state?
There IS an argument to be made for this. Life, liberty and the pursuit of happiness. Period.
Maestro
Don’t stop there. Keep the ball rolling. ALL ex felons should be put on some sort of registry. All citizens who have ever had even a misdemeanor should be immediately put on lifetime probation. Anyone with more than one felony should be put to death as an example of any future criminals.
Oh wait, we do not live in North Korea, China, Russia, Cuba and other countries where these things happen. But is sure as Hell feels like it every day I wake on up the registry. I / We did out time. I personally have no problem not having my past cleared. That will hang over me forever with a record and I am ok with that. But adding a registry law well after people were already sentenced (Or at all) is just sickening from the supposed greatest nation in the World.
Funny, i got my confirmation letter from my original state (federal) that my registry obligation is over (20 years). I was not on a public list ever BUT not good enough for florida….. how’s that fair?
That’s one big problem. Laws that say “Either/or even if it aint.” If you are required to register in your state, then you are required to register in ours even if you wouldn’t normally be required. If you are from another state then you must register either for life or the amount of time you have to register in your state…..whichever is greater. Even if you are not required to register in your state, you must register in our state for a “similar offense.” Confused yet?
JoeM
I did not realize it was a crime to read in Florida. I guess you meant to type Already in Florida? Either way, that last line gave me a chuckle HAHA :)~
I was convicted in Nebraska and my parents moved to Florida after my dad retired, so now I’m on the Florida registry after living in the state for six years to long. Florida needs a kick off it’s good ole boy pedestal and I hope this case prevails!!
I’m curious- how did he move to Canada? I thought Canada doesn’t allow anyone in who has a felony conviction. Any felony. Can someone explain? If this guy can move to Canada, then I want to be able to go to the Canadian side of Niagara Falls as I’ve only been to the U.S. side due to having HEARD that you can’t cross the boarder with a felony.
He is a citizen.
Maestro,
The complaint states that the RC was born in Canada and therefore has dual citizenship. As a Canadian citizen, he was allowed to move from the US to Canada. This is a great example of why people should pursue dual citizenship if they can.
Hey Maestro,
Email me i explain how to move to Canada.
[email protected]
From what I have read, Canada requires you to apply for a waiver/permit to enter if you have a felony conviction. . Some entry permits for “lesser” felony offenses can be issued by officers at the border.
Canadian citizens are allowed to enter. For others there is a “rehabilitation” process for entry into Canada. They consider sex offenses to be serious, so it is costly and can take a while. There are no guarantees but I was able to do it.
There are a couple of Canadian lawyers on our referral page. If this is something anyone is seriously considering, you might want to contact them.
Remember, there’s a difference between entering Canada for a visit and immigrating there.
Maestro
I remember as a boy in the 60’s we got waved right through to Canada and some out of the way rural roads didn’t even have border guards. If we got stopped, my Dad would show his Military I.D and they waved us right in. I was really young so all I remember was Niagra Falls.
A friend and I went to Canada back in 2004 (prior to my sex offense). We went there to see one of our favorite bands who we just saw in NY and Boston.
We got to the border, which looked similar to a toll booth, the guy in the booth asked if we had any weapons (“no”) why we were visiting (“a concert”) how long we were staying (“2 days”). He waved his hand in a gesture like “move along” and away we went straight up to Toronto.
Considering that was post 9/11, we both thought it was way too easy.
Maestro
So you going to keep us in suspense? Who was the band you went to see ?
There are towns in places like Vermont where the border is the road in front of your house. IN one town, the border ran through the iddle of the public library on a guys back yard. POst 9/11, you cant walk acorss the street to the pizza place. You have to go through the checkpoint which takes 3 hours and it you don’t, it is a $10,000 fine and a criminal conviction. Oh, and the guy with the backyard in another country? He allegedly had to seal off his back door and no longer go into his back yard. So would “delivering” the pizza across the center line of the road be “smuggling? “
JoeM
About a decade ago I would travel with no problems but did not renew my passport after piss poor treatment upon return to the U.S.
You would not believe the amount of countries I visited that I never got passport stamps (loved getting them) because either they just waved you through or in several places, there were no border guards. When I went from Germany to Austria, there was just a colored line when we got off the train showing the border.
I never ever spent more than a few minutes at any countries customs and security line. But returning to the U.S I missed many a connecting flight because of the TSA harassing me, strip searching me, damaging luggage in front of me etc.
Sad that other countries can treat everyone as equal and welcomed but when we return to our own country, we are greeted with disgust.
If this case doesn’t PROVE THAT THE REGISTRY IS PUNISHMENT, Then Nothing will !!!! To me and most of us (anyone with half a brain) this just proves that it is DEFINITELY PUNISHMENT !!!!. I hope this guy Mops the Floor with this !!!! I wish him all the best of luck !!. Let’s Pray that he fights this to the Absolute End !!!!
Bravo! I have been on the Fla. S. O. Registry since 2008 when I came to stay for 2 weeks to tend to my dying mother. I was on probation at the time and had to do a full registration in Ft. Meyers. I live in Dallas, Tx. I hope that some sanity will prevail in the courts and end this bogus B.S.
I agree with Cherokee’s comment, “wow just wow.” I scanned the complaint and must say that if anyone has a valid argument regarding this subject, the plaintiff does. If FAC instigated the lawsuit, you picked precisely the right person in the right circumstances.
As I’ve said before, I’m constantly amazed by Florida’s absurd registration laws. I do pray that Mr. Marcoux prevails, the state gets poked in the eye and the others affected by this provision get relief.
Veritas.
Glad to know who is behind agencies like the DMV. As it’s not right we can’t renew tags or driver’s
licenses on line,
This is great news. I will definitely be following this. I don’t live in Florida anymore, but the lifetime registration folllowed me. I hate the registry and want it gone. Where I live now you can get off in 10 years with some charges, others a bit longer. Honestly if there was light at the end of the tunnel I would be happy.
Which state is that? And is that state making you register because of FL?
I am in Indiana now, not because of the registry. It is not much different, except I can vote here. I am required to register and waiting on them to figure out what level I will be. The paperwork comes from Florida to here and is reviewed. IF, this case goes well and IF I am classified for only ten years here. I will definitely be looking into trying to get off the registry here. Of course Florida still has the lifetime registration which will be the problem, but it is a start.
So you actually think that Indiana will be obeying that recent court order? Good luck with not being put on for life. I once considered Indiana because I SHOULD have been a 10 year registrant according to the law. But that is because it was not obvious that they put “out of state.” people on for life, EVEN if you had been convicted in Indiana, moved away and came back later. Same deal with Kentucky. I suspect the only reason that the good guys won that case in the first place was because Indiana was treating some of its own people differently. I don’t know if anyone would have “won” if it involved an out of state conviction. And yes, I put won in quotes. That is how ALL of these “wins” should be characterized until such time as we get an ACTUAL win that the states have to obey.
Thanks and good luck! Seems valid to me, but I’m not exactly impartial. Certainly couldn’t have found a better plaintiff to have brought the case with either. Thanks again.
this is great news. I was wondering how anyone with a felony could move to Canada. i was told that i couldn’t. i would like to know how i can. i would move there if so. but it sounds like it is not completely different because the stigma has followed this man from the registry use of his personal information.
Filed by FL’s registry-removal guru, Ron Kleiner.
Between Ron and Does attorneys, grateful for our legal all-star team.
Congratulations FAC! We appreciate you all and thank you!
And to all….DONATE. Without $$ this can not happen. Even $5 makes a difference.
The only reason FL does that is to fraudulently collect federal funds.
That argument will likely never be permitted. The government gets to claim that what they say they are doing and the reasons for it are the “truth.” What we have to do is prove that even if they say that. it doesn’t matter. Law is bad from the get go. “As applied” means very little or nothing in our case.
Very glad to hear this good news!! I am in that category – convicted in Florida, but have been in California the last 20 years. Very anxious to get the Hell off of Florida’s “Forever” Registry!!
awesome david!!! my sister lives in la, I have thought about moving out there. I live in nebraska now. I too was convicted in Florida and would love to be forever off the injurious lifetime sex offender registry!
Make sure that you moive someplace where you can actually get off the registry like Vermont or Georgia. LOL Where is gets interesting is the “Federal registry” Folks say that the Feds only require you to register in the sate where you live and that is how they “national registry” gets populated….in theory. I have heard that the law also says if you are a Fed 25 year guy, you have to register for 25 years after conviction, not after release from sanctions. For me that would be 2025 when I Was 64. Better than2031 which would be 25 for me in Florida after release from sanctions. BUT we know that is not automatic. BUT, if you are removed from ALL state registration, how can the Feds force you to register for more time, at least under the current system? Big IF there.
They can’t. Feds have tried but have failed. States consider the Adam Walsh Act a requirement for YOU to check in and register with the new state. It does not comple the State to actually list you on the registery if it does not see fit to. States don’t want to clog up their registries merely by a decision from another state, costing them more money just because Florida insists on being overly punitive and archaic. There are several crimes in Florida that are not even crimes in other states.
The problem is that even though the Flordia law appears to not be technically in compliance with the Federal mandates, regs, etc., the Feds will either not agree with that, or they will say that Florida is “subtantially compliant” so the Florida law should not be struck down for that reason.
Wow just wow. He was hired at a law enforcement agency knowing he had a record, but because the registry caused issues with people complaining, he was fired? I think they wrote my own story.
Although I no longer work in law enforcement, I was in the past. But I finally got a good job and was there for almost 17 years, that is until someone came into the business (A huge place open to the public, something similar to Costco) and hung flyers about me on every single isle of the store. That was the end of my job.
This young mans story shows how we are never allowed to heal. he married the young woman he had been with and even had a child together. No second chances for the weary, the down trodden, the homeless or the once convicted.
I mean COME ON! a Police department gave this young man a chance of a lifetime, and he did NOT lie as far as I read. And yet the stupid NON punishment (As ruled by most courts) punished him. What did Homer Simpson say with a slap to the head ? DOH!
Much respect for our courageous NAMED plaintiff! Quite an example set.