Out of State Challenge FILED!
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:
Out of State Challenge – Complaint
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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.