Two sex offender petitions for Writ of Certiorari to be considered by SCOTUS
Two cases are scheduled to be considered during the Supreme Court of the US’s conference scheduled for Friday January 4th; Vasquez v. Foxx (a case that we previously described as a “Bad decision out of the 7th Circuit“) and Bethea v. North Carolina
According to Vasqez’s Petition; “Illinois law makes it a felony for people who have been convicted of certain offenses to “knowingly reside” within 500 feet of home daycares and other facilities. The ban does not exempt residences that were established before the opening of a new daycare, meaning that whenever a third party decides to operate a home daycare within 500 feet of the residence of someone subject to the law, that person must move out of his or her home or face arrest and criminal punishment.” They ask the SCOTUS to decide whether that’s constitutional.
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If you are a home owner and a day care decides to move within 500 feet they should be the ones to have to move. What is wrong with this system.
What is wrong with this system? Piece of sh*t prosecutors for one. They will foam at the mouth to push judges to side with them when they KNOW what they’re doing is Morally Wrong. One of many examples.
I agree they should not be able to do that
In 2007, my place was torched by an arsonist who targeted me because I am on the registry. To stay compliant with housing options, I asked to get my hands on a list of day care centers for this very reason: To stay compliant with the law.
What’s really stupid is that as I learned, you can’t get a list of day care centers to use as a tool to determine where you cannot live near. How insane is that?
BTW, this was in California.
Go on registery in all areas you want to fine a place they will show up where school parks playgrounds daycare are that should help ya
The interpretation used by Illinois parole officers is that parolees must parole 500 feet from a day care center, even if that day care center is a home day care center that has been closed for over 10 years.
The law obviously takes away the liberty to own a home.
The interesting thing about the law is, under Illinois law, if you purchased a home prior to the 500 foot day-care center law (mid 2000s), you can be convicted and still live right next door to the day care center. If a RSO purchased the home prior to the school law being passed a registered sex offender could live next door to a school. Presumably you may not have purchased the home if the law was on the books. My belief is that the law was written this way because it would not have passed if suddenly thousands of people would have to move. This new addition is problematic since potentially everyone on the registry is at risk to have to move.
Here is another controversial Illinois law:
“A person who previously was required to register under this Act for a period of 10 years and successfully completed that registration period has a duty to register if: (i) the person has been convicted of any felony offense after July 1, 2011, and (ii) the offense for which the 10 year registration was served currently requires a registration period of more than 10 years.”
So imagine two 19-year-old college kids who took a plea deal after having sex in a park and had to register for 10 years. The judge ruled that NO restrictions will remain after 10 years so they continue their education to become teachers. Now as married, 50 year-old master’s degree teachers and model citizens they catch a charge of “possession of burglary tools” when they try and open Dad’s storage locker after he has a stroke and no longer remembers the combination for his storage locker.
Now both master’s degree teachers are assessed a fine for their Class 4 felony BUT, they ALSO have to register as registered sex offenders based on the plea they took 31 years ago!. They have to move from their home. They have to quit their jobs. They can’t support their children in college or their parents in the nursing home!
Sorry to hear that but check on internet and check with lawyers i am trying to help get some laws change just like the 500 ft the 1000 ft all laws were made when they already had victimins. And to measure the property weren’t all build up like they are now fighting for the measuring too
Maybe they can finaly get the wrong high rate replaced with the real facts
Will the current government shutdown effect when and if the SCOTUS will hear the cases? And if they get to it later will there decisions be rushed because of delays now ?
It will not.
Our best hope is that more and more petitions are filed on the same subject, and that eventually they will realize that the issue needs to be addressed. It is entirely Constitution based, and that is the Supreme Court’s job. Let’s all keep our fingers crossed and our prayers said every day.
With the caveat that they pick a strong case with a strong lawyer representing the registrant.
The worst hope is they pick bad case with an unprepared lawyer and these issues are reinforced.
Very true. Good issues can be lost by bad lawyers.
Florida Action Committee yes and unfortunately that is not only often the case but the deliberate design. The government has learned if it wants a crime to be legal all they have to do is cherry pick the case they want to use for making it precedent and then they can pretend to ignore all else..The Alaska case was a perfect example.. out of all the states with registry’s that had cases that could have been reviewed they chose one that had the most lenient of registry’s and even went as far as to use national enquirer data to base ruling decisions. Very similar to the Pilates washing of hands..
I worry a little more that they pick a good case with a bad lawyer arguing it.