11th Circuit DENIES Miami-Dade’s Motion for Rehearing!!!
The order has finally come back from the 11th Circuit Court of Appeals and they have DENIED Miami-Dade County’s request for a rehearing! This is great news, it means that our Sex Offender Residency Restriction (SORR) challenge in Miami-Dade County can now proceed, it means that the 11th Circuit is finding, consistently with other federal circuits across the country, that there are constitutional issues with SORRs, and it means that there just might be relief at the end of the tunnel for the 250 individuals living alongside the railroad tracks in Miami-Dade and the thousands of other individuals in Florida who are legislated into homelessness because of these ineffective laws.
This is great news! So much appreciation goes out to the ACLU and everyone who has supported this battle!!!
So this is worth noting. After speaking with Brevard County, I was informed that “shopping,” is recreational. Not that you need food to live and since it is recreational that my registered relative must go online to measure the 1000 ft distance himself from point to point. I said “well that’s hard to do with no internet.” And how is it measured? As the crow flies or by ground measurements. Unreal. No one could give me a definitive answer. Shouldn’t there be a list, a booklet, a something?
The statute provides that it’s as the crow flies.
It’s absurd!
Backin the early 2000’s we had probation officers trying to say that a McDonalds, especially one with a playground, counted as it was a “place where children congregated.” .I am not sure that went very far. What I see is a lot of counties and cities passing ordinances that lie somewhere between moderately and blatantly unconstitutional. I guess the thinking is that most of us do not have the resources to fight them and if they lose, so what? They will just come up with a new ordinance. What is needed is a comprehensive judicial pimp slap like the Federal and state courts gave Georgia a few years back.
Yesssss Congrats Florida!!! Now the work needs to start getting these PPL off the streets, many of these PPL are homeless and others are FORCED to live on the streets literally, this is clearly a Violation of their Constitutional Rights!!!
Yesss indeed, this is Great and an Awesome News!!! These PPL are Forced to be Homeless under these Laws, & are without the main facilities ( ie. NO restrooms nor Shelter over their heads, Forced to be living on the streets), this is Unconstitutional, when they have Families & Homes to go to!!!! They’re being punished Double, whereas several of them have monitor’s & a monitor system in place, they shouldn’t be Forced to live on the streets, even a DOG have a shelter to go to, and wouldn’t be Treated this way!!!! These PPL are Humans NOT ANIMALS & should be Treated as such!!!! THIS Situation needs to Change, these PPL’S Constituatiion Rights are being VIOLATED!!!!
Is Dade and other counties and towns,for that matter, applying these post 2005/2010 restrictions to people who were convicted in Florida before 2004 when residency restrictions were a statutorily mandated special condition of probation and as such, punishment as a matter of well established law?
Praise God.
God had nothing to do with this. Give credit where credit is due.
Thank you ACLU and those have worked with them to make this stride forward.
Amen!
This is great news and work by everyone involved! Good people are homeless because of laws that are ineffective. Residency restrictions is one of those laws. Lets hope the rest of Florida can “see the light”.