The Muddying of Legal Progress by Playing Politics with Sex Offenses

Weekly Update #34

Dear Members and Advocates,

The decision came down from the Supreme Court of the United States (SCOTUS) in Gundy v. United States and the Court decided to affirm the lower court’s decision. We already posted an analysis on what this means to for us here in Florida (see: https://floridaactioncommittee.org/gundy-what-does-it-mean-for-us/ – and for those who don’t have time to read it, the short answer is: not much) so we won’t rehash our analysis here, but we will comment on something Justice Samuel Alito wrote in his separate concurring opinion that we found disturbing.

Rather than just add his name to the list of Justices who chose to affirm, Justice Alito felt compelled to write his own three-paragraph, one-pager, in which he wrote, “If a majority of this Court were willing to reconsider the approach we have taken for the past 84 years, I would support that effort.   But  because  a  majority  is  not  willing  to do that, it would be freakish to single out the provision at issue here for special treatment.” Why would he bother writing this?

We believe Alito is saying the same thing we’ve been hearing from politicians for years. They agree that what’s being done is wrong, but don’t want to commit political suicide by being the one to stand up for it. If they can blend into the crowd they will go along with it, but if it requires exposing themselves, they won’t. We understand that Herman Gundy is a very unsympathetic plaintiff, but wrong is wrong. By Alito saying, “it would be freakish to single out the provision at issue here for special treatment”, he is essentially saying, ‘bring me a case that doesn’t involve registrants and I could easily change my mind about this non-delegation thing’.

The frustrating thing is; this should have been the perfect case! As the Wall Street Journal described it, “A single official in the executive branch was given the power to impose requirements carrying severe criminal penalties on more than 500,000 Americans, and then to carry them out.” That is precisely why we have separation of powers!

Alito’s attitude is a reminder of just how important it is to change the public’s perception. Until we can do that, we cannot expect others to stand up if it will put a target on their backs. And another thing… we cannot expect others to stand up, if we are unwilling to stand up ourselves.

Stand up!

Sincerely,

The Florida Action Committee

NOTE: FAC has prepared a resource flyer for persons required to register. The flyer is one page, double-sided  with information and resources on one side and myths and facts on the other. Refer to it for your own purposes, but if you have the ability, print out several copies and leave them at your local treatment provider or your County registration office.

Reminders:

1. Meet and Greet in Lakeland on Thursday Jun 27th from 6-8pm.  Doors open at 5pm for mingle and meals before the meeting.
2. Meet and Greet in St Pete on Sunday Jun 30th from noon-3pm, includes viewing of documentary “Untouchable.”
3. Family Support session in Broward County Sat Jul 20th from 11am-1pm, facilitated by Dr. Jill Levenson and Shelly Kavanagh.
4. Due to July 4th Holiday, the next Monthly Membership call will be on Thursday July 11 at 8pm.  Dial 319-527-3487 to participate.
5. July New Member call will be on Thu Jul 18 at 8pm.   All members are welcome to call in to learn more about the organization, volunteer opportunities, resources or just to meet other FAC members by phone.

For more information on events, email membership@floridaactioncommittee.org or call 904-452-8322.

SOME HEADLINES FROM THE WEEK

Miami Herald Letters to the Editor: Sex offender label

I am writing in response to the June 20 article, “Florida’s sex offender population is aging. Where can they live out their silver years?” in which I was quoted. While I appreciate the exposure the Herald has given this important topic, I wanted to correct a gross…

CO: Lifetime registration for Juveniles is “Punishment”

The Colorado Sex Offender Registration Act (CSORA), sections 16-22-101 to -115, C.R.S. 2018, requires that juveniles who are twice adjudicated for unlawful sexual behavior must register as sex offenders for life. In this Eighth Amendment challenge to CSORA, a division…

Florida’s sex offender population is aging. Where can they live out their silver years?

People on Florida’s list of 73,000 registered offenders who are 65 and older jumped 2 percentage points between 2015 and 2016, according to the state’s legislative auditors, the Office of Program Policy Analysis and Government Accountability. Florida’s registry has…

Fort Lauderdale relaxes restrictions on where sex offenders can live

Fort Lauderdale city commissioners voted unanimously Tuesday to relax the city’s residency restrictions on sex offenders. Offenders will now be allowed to live close to bus stops but they are still barred from living within 1,400 feet of a school, daycare and other…