The Magistrate Judge has ruled that the plaintiffs cannot proceed anonymously.
In the overwhelming (and we do mean overwhelming) majority of cases that are brought by registered citizens, the Courts allow the plaintiffs to proceed as “John Does” in order to protect their identities.
In our Seminole County proximity ordinance challenge we requested the same; that the registered citizen plaintiffs be permitted to proceed anonymously in order to conceal their identities in order to prevent vigilantism from the public or retaliation from the authorities.
Not even the Defendants opposed our motion, but the Middle District of Florida Magistrate Judge still ruled the individuals’ identities should be disclosed!
Florida… need we say more?
This decision will still be appealed to the District Court Judge, which it will be, but is still a disappointing and unnecessary hurdle placed in front of us.
I am certainly not a lawyer but I found reference to a SCOTUS case (Stegall, 653 F.2d at 185) – It says you should be granted anonymity if you are seeking a lawsuit against a governmental activity. Seems like that applies in this instance?
I couldn’t agree more, I only hope someone will see this and maybe run with it. If someone can get a judge to grant anonymity, I will definitely help out in this case.
If anyone knows someone willing to be named, please have them get in touch.
Thinking about this judges decision – there are lawsuits in this country everyday that allow plaintiffs to remain anonymous. There is no way that anyone (most certainly a judge) would not understand the need for it and yet the judge refused. It leads me to the conclusion that the judge is biased against RSOs. Is there not an avenue to seek a new judge?
I was just notified that the judges final ruling is that all names involved in this lawsuit must be made public record. I am very disappointed in that judge. I have worked in the media industry for 10+ years, and I know the damage they will cause to those who are involved in this lawsuit if they catch wind of it. I cannot subject my family to that kind of harm, so I have to pull out of the lawsuit. I was told that they are not going to pursue this lawsuit.
This whole thing is very depressing. Because of the Seminole County laws, I am essentially on house arrest. The judge and prosecutor did not see me as a threat, and I only received 5 years probation. Yet in Seminole County, I cannot leave my property unless I am in a car going somewhere to do business. This is police-sentenced house arrest and cannot be legal.
Yes – it is a very disappointing decision. Sorry to hear you will be pulling out of the lawsuit.
Ch 9 has a news story about the case and the judges decision – I have always hated CH 9 – they seem to have a real bias against registered citizens and this story is even more proof of that! They make me sick! lol
http://www.wftv.com/news/9-investigates/9-investigates-sex-offenders-lawsuit-against-county-ordinances-they-say-violates-their-rights/276641086
BTW, I just wanted to tell you guys just how much I appreciate you being there for us. Next payday I am going to join FAC to make sure I support y’all for supporting us so much. I’m not sure what drives you to help us like you do, it’s much easier to look away. But I really really appreciate the FAC!
This is disappointing, but I am not surprised. Sometimes I feel like the state won’t be happy until each and every one of us is behind bars for life. I am one of the anonymous people in this lawsuit. While we all have restrictions, my restrictions essentially put me on house arrest. And being a plaintiff in the open is not an option, as I have already had 1 Seminole County Sheriff tell me that “I should be in jail,” and that “my lawyer must have been one hell of a lawyer,” and “they are watching me.” To me that is an indirect threat. Neither the Prosecutor or Judge saw me as a threat. I did not have to move, I do not have to wear GPS, and the judge withheld adjudication on every count against me. Yet I cannot leave my home.
Let Pete and Cassandra know about the threats. That’ll help.
it’s the retaliation from state and local law enforcement that concerns me the most as these laws are such they is most likely some tech. violation that is a felony that they could pi on you i front of a jury
What drives these RSO Laws and crazed Ordinances is fear mongoring and mob violence aimed at ridding the do gooders perfect communities of Monster’s. In reality, they are the monsters inflicting their own set of standards and rules upon the RSO after we have paid our dues and done the time. They want us to die or just go away. So you need strength, FAC is the Perfect source and support Organization. Hang in there, reformation is coming!
I use my real name all the time. fear is what drives this law. You can’t hide or run away, so stand loud and proud.
I don’t expect that the plaintiff would need to be a Seminole County resident, right? Does anyone know the name of the Magistrate Judge in question here?
Magistrate Judge Gregory J. Kelly
That will be a question to ask our attorney on tomorrow night’s call (whether you need to be IN Seminole)
Being anonymous least of worries at this point. Already branded
Of course I disagree with the ruling of not being able to be anonymous but its high time to start using our names in cases against crazy ordinances. What the hell does a Registered Citizen have to lose? You pay a high profile price for activism, court records are public and the media will dig to find names. I say, take the chance of vigilantes tracking you down.. stand up and be heard!
You go first.
Your stuck between a rock and a hard place.It’s not for me to decide what’s enough punishment.Throwing good money against bad. That will never happen. I know what’s going on. Let me do the talking.I’ll call you. Not an RS being anonymous. It’s the Lawyers.