Where do we draw the line between public safety and over-criminalization?
In North Carolina, a man was arrested after authorities alleged he was “present” near a Sonic and a Burger King in Goldsboro — both locations reportedly considered prohibited under NCGS 14-208.18 because they have children’s play areas.
According to the arrest report, officers alleged McMillan was within 300 feet of these locations. There are no allegations that he approached children, spoke to minors, acted inappropriately, or committed any sexual misconduct.
The alleged violation? Simply being near the premises.
At some point, people have to ask whether laws like this are actually making communities safer or just creating endless technical traps that make ordinary life impossible.
In this economy, fast food is one of the few affordable options available to many people – especially registrants. If your local Sonic or Burger King are being treated as forbidden zones because they happen to contain a play area on the property, then what’s next? Grocery stores with arcade machines? Shopping centers with a kiddie ride? Gas stations with claw machines?
There is a major difference between predatory behavior and buying a hamburger.
If someone is stalking children, attempting contact, or engaging in sexual conduct, arrest them all day long. But criminalizing everyday activities with no allegation of misconduct turns the registry into a system of perpetual exclusion rather than targeted public safety.
These kinds of cases fuel growing concerns that presence restrictions are becoming so broad that registrants can unavoidably violate them simply by trying to live normal lives. I’m sorry, but Olive Garden is simply unaffordable for many of us!
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What is it with Burger King?
FAC awhile back reported the following from an arrest affidavit:
‘On Saturday, 03 August 2019, at approximately 0832 hours, I received a call from Deputy Ouellette, who informed me that Mr. XXXX XXXX XXXX (Arrestee) was eating breakfast at the Burger King located at 380 East Merritt Island Causeway, Merritt Island, Brevard County, Florida, and this property is within 1,000 feet of a tennis court.’
It is stalking, bullying, doxxing and harrassment – all under the color of law!
With the cameras poping up every where im sure its only a matter of time.
These things are against our 4th amendment rights and yet people are all if you ain’t doing anything wrong you dont have to worry.
Dang sheep the lot of them.
It is written that we are flagged as PFR’s and that we are all in the flock database, and are absolutely being tracked here in Florida
@Richard Charles
The “it is written that” statement is, without a doubt, true. A recent ABC News affiliate featured a reporter’s police ride-along. In that Florida city, the officer explained how the Flock tag reader system helped to track criminal activity. The officer mentioned that while on patrol, they “receive alerts for tags that have expired, are registered to individuals with criminal warrants, or are registered to sex offenders”. This report indicates that being on the registry is a probable cause of criminal activity. Here is the kicker: if you cannot read or missed the article you mention, this ABC affiliate is telling us that law enforcement uses Flock to track individuals on the registry.
I get it, but that very same arrest sheet posted states that not only was he being monitored (I’m assuming by GPS) but he had been told several times about the 300 foot rule. Again, not some random oops incident. I will admit though that a fast food restaurant having a play area and that restaurant being off limits is kinda ridiculous.
Which state is worst, FAC recently asked.
Well, Florida does not institute a statewide Burger King Distance Requirement.
Nor does Florida bar children from school drop-off if those children have the “wrong type” of parents.
So any state that institutes both of those, I would say overall have the dumbest lawmakers. Congratulations, North Carolina!
I’m starting to wonder if florida may not be the worst anymore lol
And the scary part about this is with thousands of Flock license plate readers everywhere, will we be arrested for sitting at a redlight within 300′ of Burger King? Or a school you happen to be passing by? Terrifying…
No, not by Florida state law. North Carolina, not sure.
But I have never heard of any Flock-generated arrests for the examples you mentioned (or similar examples). If you learn of one, please share it, as the affidavit(s) might eventually come in useful to any lawyer who is challenging such distance laws.