A win in North Carolina!  Yesterday a federal appeals court turned thumbs down on major parts of a North Carolina law which set up banishment zones for registrants, areas where individuals on the NC sex offense registry cannot visit or even pass through, under threat of felony prosecution and prison time.  According to the court’s ruling, North Carolina failed to present “empirical or other similar credible evidence” to make its case.   A lower federal court had already held the law was problematic; now the US 4th Circuit Court of Appeals agrees.  On this matter, however, North Carolina lawmakers have shown no ability to resist cruel and ineffective legislation or even pay much attention to the Constitution.  Hoping to outrun federal judges, a new law is already on the books but it’s the same lousy scheme.  Mark Joseph Stern, writing for Slate, has a must-read piece, “North Carolina Kicks Sex Offenders Out of Libraries, Parks, Fairs,” explaining the new legislation and why it deserves a judicial smack-down.  Congratulations to the five plaintiffs who are fighting for their rights and lawyer Paul Moore Dubbeling!  Below is a short Associated Press report on the appeals court ruling, a link to the Slate essay, and links to the 4th Circuit’s opinion and archived audio of the oral argument.  –Bill Dobbs

 

 

Associated Press via Raleigh News & Observer | Dec. 1, 2016

Court agrees some North Carolina sex offender limits unlawful

RALEIGH, N.C –A federal appeals court has upheld lower court rulings that found portions of North Carolina law restricting where registered sex offenders can gather are unconstitutional because they’re overly broad or vague.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, on Wednesday affirmed the federal lower court decisions, which the state appealed.

One provision successfully challenged by several registered offenders who sued in 2013 prohibited them from going to places where minors gather for educational, recreation or social programs. The other restriction prevented them from being within 300 feet of certain locations where children are cared for or supervised.

The legislature last summer approved replacements for the challenged laws while on appeal. The appeals court didn’t consider the amended laws.  http://www.newsobserver.com/news/politics-government/article118146788.html

 

 

Slate | Sept. 2, 2016

North Carolina Kicks Sex Offenders Out of Libraries, Parks, and Fairs

 

By Mark Joseph Stern

 

A new sex offender law took effect in North Carolina on Thursday, restricting offenders’ freedom of movement and association by barring them from libraries, recreational parks, pools, and fairs. The law is designed to replace a previous measure that a federal court ruled unconstitutional in April. It will do nothing to stop sex crimes while continuing to isolate, penalize, and ostracize fully rehabilitated offenders who are attempting to rejoin society.

 

North Carolina’s previous sex offender law was a constitutional monstrosity that essentially gave prosecutors—as well as law enforcement and probation officers—the power to punish offenders who dared to leave their house. Under the statute, offenders could not be present in any place used by children.

 

After years of deferring to legislatures’ fear-mongering, federal courts have finally begun to recognize that former sex offenders have constitutional rights, too.

 

MORE:

http://www.slate.com/blogs/xx_factor/2016/09/02/north_carolina_sex_offender_law_unjust_ineffective_unconstitutional.html

 

 

Doe v. Cooper

US Fourth Circuit Court of Appeals Case No. 16-6026 & 16-1596

Opinion, published Nov. 30, 2016:

http://www.ca4.uscourts.gov/Opinions/Published/166026.P.pdf

Oral argument archived audio, Sept. 21, 2016:

http://coop.ca4.uscourts.gov/OAarchive/mp3/16-6026-20160921.mp3

 

 

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