The Act was more famously known to go after “drag shows” and the famously touted (by Governor Ron DeSantis) “Drag Queen Story Time.”

Well the 11th Circuit Court of Appeals handed the prurient State with an unusual obsession with drag performances a loss this week, when it affirmed “Hamburger Mary’s” a restaurant that sued the State over the law, as being void for vagueness, overbroad, and content-based speech regulation, trial court win!

READ THE DECISION

The post 11th Circuit shuts down Florida’s ban on vague obscene “live performances”. appeared first on Florida Action Committee (FAC).

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Dennis Hines
Members of the Lake Geneva City Council have repealed an ordinance which prohibits registered sex offenders from living within 2,000 feet of a child safety zone, which includes playgrounds, public parks, schools, public libraries, aquatic centers and athletic fields for children. The ordinance was repealed because it is considered unconstitutional by federal law.

Dennis Hines
Lake Geneva officials may no longer be able to as strongly restrict where registered sex offenders may live within the city.
Members of the Lake Geneva City Council unanimously approved, April 28, to repeal an ordinance which prohibits registered sex offenders from living within 2,000 feet of a child safety zone, because the ordinance is considered unconstitutional by federal law.
Examples of child safety zones include schools, public parks, playgrounds, public libraries, public swimming pools, public beaches, daycare centers, aquatic facilities and athletic fields for children.
City Attorney Dan Draper said the ordinance, which was adopted in 2017, is considered unconstitutional because it is too limiting as to where registered sex may live within the community. He said the 2,000-foot provision includes most areas of the city.

Lake Geneva approves striping project for city parking to provide additional vehicle parking
“It’s not that it doesn’t have good intentions. But in execution, the problem is it’s unconstitutional, illegal and having it on the books at this time is a big liability for the city,”
Draper said. “Even if we don’t enforce the thing, if someone came along and said, ‘Hey I saw your ordinance, I didn’t move there because I thought they were going to throw me out,’ and if they have that sort of standing, it creates a big liability. The bottom line is, as much as you don’t like the idea, you cannot prohibit people from living in the city because of their past criminal acts, no matter how heinous they are.”
Draper said he had asked City Council members to repeal the ordinance in 2019, but they voted against the measure.
At the time, Draper advised Lake Geneva aldermen to reduce to the residency provision to 750 feet, but City Council members then asked Draper to draft an ordinance which reduced the residency buffer to 1,000 feet.
But City Council members, at the time, voted down the proposed ordinance and decided to keep the residency provision to 2,000 feet.

“Back in 2019 when I brought this up, the City Council at the time poo pooed it and I was probably too soft on them, but I’m not going to be soft on you this time,” Draper said. “If you do not repeal this, you are asking for a lawsuit to be initiated and if that happens it’s on you and then you have to face your taxpayers who say, ‘Why are you paying millions of dollars on this matter?'”
Police Chief Edward Gritzner said the ordinance is unconstitutional and it is difficult for the police department to enforce. He said it may take city officials awhile to develop an ordinance that is constitutional and enforceable.
“We’re at a point where we can’t enforce it,” Gritzner said. “It would probably constitute misconduct in public office for us. So, we know it’s unconstitutional. It’s illegal. We just need something that’s enforceable. Whatever that is, we don’t know yet. It’s going to take a
bit of research. But as it is right now, there’s nothing we can do with it from a police department standpoint.”
Gritzner said a state statute does allow the city to prohibit a violent sexual offender from living within 1,500 feet from a child safety zone.
“If they’re classified as a violent sexual offender then state law does allow for 1,500 feet, so we can enforce that,” Gritzner said. “Right now, we have eight sex offenders in the city, none of which are classified as violent sexual offenders. So, it’s what to do with that classification that’s the topic right now.”
Draper said city officials could ask him to develop another ordinance which limits where registered sex offenders may live in regard to child safety zones in the community.
“Once you repeal it, then you can certainly give me instruction to come back with something but it’s pretty intensive at this point,” Draper said. “If you would like me to come forward with a new ordinance, I would be glad to do that. Give me a month please, it’s going to take some time to put it all together.”

The post WI: Lake Geneva repeals sex offender ordinance that has been deemed unconstitutional appeared first on Florida Action Committee (FAC).

After being convicted of one count of possession of child pornography in 2013 and serving his sentence for the crime, Bruce Henry married and his wife gave birth to a son, but state law prohibits sex offenders from residing together or conducting overnight visits with minors, even if it is their own child.

In his resulting lawsuit, Henry said the law was unconstitutional and the state had other methods to protect children that were not so extreme as to strip sex offenders of parental rights.

The three-judge appellate panel Wednesday agreed.

SOURCE

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The post Win in AL: 11th Circuit deems Alabama sex offender restrictions too harsh appeared first on Florida Action Committee (FAC).

With the future of the community uncertain and claims Florida’s sex offender residency laws are driving people into homelessness, journalist Conor

Garrett goes to Restoration Destination to ask if the men who live there deserve a second chance.

MORE INFORMATION

The post Documentary on Florida Sex Offender Colony to Air on BBC appeared first on Florida Action Committee (FAC).

In this ruling, the Illinois Supreme Court ruled that residency restrictions are constitutional.

As FAC begins to look at taking down low hanging fruit in the various Florida counties, and ultimately attacking the elevated residency restrictions some counties have, should we be concerned about this ruling?  Yes, it is not the same as if it had been a ruling out of Alabama or Georgia, but let us look to our legal pundits to analyze this ruling as to its effect on future lawsuits.

I recently read that Illinois is considered by many to be among the top three worst states to live in if you have a past sex offense.  Some of our members from Illinois agree with this statement.

SOURCE

The post Illinois Supreme Court says studies do not always matter appeared first on Florida Action Committee (FAC).

It is a bitter sweet victory for some, myself included, as my family member was deemed to be a sexual predator when his only true label was that of having frontotemporal dementia.  Florida statutes do not allow for dementia to be considered.

Those of us with someone in our family who has been labeled as a predator do celebrate with “offenders” and their families over this small victory.  For who hath despised the day of small things?  Over time, these small victories can and will blossom into one huge victory.

Earlier this year, I was set free from the oppressive regime called the sex offender registry as I no longer had to take care of all registry requirements for my family member who had no idea what his offense was, no idea what the registry was, and no idea what the statutes said—a once brilliant man who had very few brain cells left functioning correctly.

I no longer have my home address listed on the registry nor my car and tag number—a car that my husband was incapable of driving.  I no longer wake up at 4 am in the morning with the most horrible, gripping fear that I could possibly have forgotten something that would cause my husband to be arrested.  I no longer wake up panicking with the thought that I might not have taken him to re-registration and having to quickly look at the documentation showing that I had indeed taken him.

With this new-found freedom, I could walk away from everything, but I have chosen to remain in this fight as long as God gives me the health and strength to do so.  I continue with all of you in the fight to remove all people, who do not sexually re-offend, from this oppressive sex offender/predator regime.

To those labeled harshly as a sexual predator, the victory is going to come some day when you too will be able to share the victories found in Harper v. Glass.

Sarah

SOURCE

The post Harper v. Glass – Order and Impact appeared first on Florida Action Committee (FAC).