Registrant arrested for walking dog!
So we scan news headlines for anything relating to the keyword “sex offender” and if it relates to Florida or we think it’ll be of interest to our members, we either write about it or include the article.
Every so often we come across a story that doesn’t impact our state, but it’s just so ridiculous that we feel compelled to post about it, just to point out how absurd the laws have become.
Here’s a news story out of Missouri, where a registered citizen was arrested for a proximity ordinance; being within 500 feet of a park. I understand that it would be newsworthy if he had committed a sexual assault or attempted to lure a child, but the “crime” that got this guy arrested was walking his dog.
Apparently someone saw the guy walking his dog around the park, recognized him from the registry and called police.
I think, when dealing with these scenarios, it’s important to put them in context and take some facts into consideration.
First – the guy was walking his dog. He’s not accused of exposing himself or soliciting children – he was walking his dog.
Second – the guy’s case was from 1995. 20 years ago!!! Coincidentally that was the year Missouri enacted their registry, and 14 years before they enacted the park ban (A 2009 Missouri law makes it illegal for those convicted of sexual offenses from knowingly being present or loitering within 500 feet of a public park with playground equipment or a public swimming pool. First-time violators can be charged with a felony and spend up to four years in prison, and repeat offenders could face up to seven years in prison. )
So think about it… the guy was free to walk his dog in a park for 14 years. Presumably he did so without incident. One day they pass a law saying he can’t be within 500 feet of a park and now he’s facing four years in prison. It’s some pretty scary stuff… who knows if he even had any idea about the law?
Can you imagine walking down the street one day and getting arrested by the police because you farted too close to a fire hydrant? It’s pretty far-fetched, but so is that stupid drone bill and some senator put it out there.
The bottom line is criminalizing something for sex offenders that’s a perfectly lawful activity for everyone else is scary. Imposing a new restriction on someone 20 years after the commission of a crime (that was lawful for the first 19 years without issue) is also scary, but should also be unconstitutional (wait… it is… ex post facto… we just need the SCOTUS to see it our way).
If you think this absurd example out of Missouri is an outlier… think again. These proximity ordinances that exist in Brevard and Seminole (that we are challenging) are the same thing. You cant shop, bank or stop to use the bathroom at a gas station if it’s within 1000 feet of a school, park, playground, etc…. all of a sudden the example of farting at a fire hydrant isn’t so funny anymore, right?
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All of this is just a witch hunt. A repeat in history. Maybe a look at the same situation in history might give us an answer to fighting all these stupid laws
But why is even sitting in the park watching kids suspicious? It shouldn’t be ….
My first reaction was one of fear, since I travel through counties in Florida with similar laws. I feel for this person and what he must be going through. But this is what it’s going to take to challenge the registry. The more outrageous the laws become and the more arbitrarily they are enforced, the better the chances of the system collapsing under its own weight. If this man retains the right attorney then his case may be the one to get the ex-post facto issue back in front of the Supreme Court.
Nevertheless of the absolute absurdity of these ordinances brought on by bad politicians, ignorance of any law is no excuse. Most registrants know and understand hanging around a park or playground could very well lead to a legal issue.
Respectfully beg to differ. For the first 14 years of his registration it was perfectly lawful to go walk his dog in a park. There are perfectly legitimate reasons to enjoy a walk, play ball, have a picnic, etc. in a park other than to molest a child.
In Brevard county, where it’s 1000 feet – you can’t go to a Starbucks or Publix if it’s within 1000 feet of a park. Who’d think of that and who can measure that distance without a readily available GIS Map or 1000 foot tape measure.
Sitting in a playground watching kids (unless, of course they are your own) is one thing… walking your dog and minding your own business is another. Offense happened 20 years ago… some common sense needs to be applied here.