Don’t Tread on Me!
Take two individuals who commit the exact same federal offense. One person lives in State “A” and the other in State “B”. The person living in A will be on the public registry for life while the person living in B will be on for 10 years. Then there are two completely separate people who live in States “C” and “D”. They were also convicted of the same crime. The person living in C can’t live within 2500 feet of a school, the person living in “D” can live wherever. Two more people, one in State “E” and the other in State “F” were also convicted of the same exact federal crime as the people living in A, B, C, and D. The person living in E is able to vote in the upcoming election, the person living in F can’t. And so on…
There are an infinite amount of combinations of statutes and ordinances, containing varying rules and restrictions imposed on people required to register as sex offenders. Knowing the consequences of an offense (or foreseeing what they might be changed to in the future) is impossible. The myriad of federal laws, state statutes, county and city ordinances were all passed with the stated purpose of “public safety” but what makes this legal imbroglio most offensive is that none have anything to do with public safety and there is zero justification or scientific foundation to any of these laws.
Ask yourself; are people in Florida inherently more dangerous than people in Georgia, such that we need to be monitored for life? Apparently someone thinks registrants are worse voters in Florida, because in the same federal election here we can’t vote and in Iowa we could. What analysis went into defining the distance for residency restrictions? Are children living 1401 feet from a school in Ft. Lauderdale less valuable than children in Miami where the buffer is 2500 feet? And why are people in Palm Beach county able to attend their government meetings but people in Brevard cannot?
In the absence of some really unfortunate experiences, such as a rash of voters exposing their genitals at polling booths in Tallahassee or kids being abducted from the County Commission meeting in Brevard, these laws are just arbitrary. The fact that you can eat breakfast at a Burger King in one county but not in the next is nonsensical. This could all be somehow justified if any of these rules achieved their stated goals, but none do and that’s why the fact that it’s ruining lives and families is so much more inhumane.
In a recent study, four scholars broke down the failure of SORNA (the “Adam Walsh Act”), which was “intended to improve uniformity and consistency across jurisdictions” and showed how it does none of that. They highlighted 5 components; registrable offenses, registration requirements, enforcement and compliance, required data elements and inter-jurisdictional transfer.
Essentially, something might be a registrable offense in one state, but not another. For the same offense you are on the list for 15 years in one state but life in another, you might be on the public website in one state but not another, and you report annually in one, quarterly in another. A registration violation is a misdemeanor in one state, where (as in the case of Florida) it’s a felony with a mandatory minimum sentence in another. Different states collect and post different information online. And finally, traveling from one state to another is handled differently among the states. Nothing is uniform or consistent. Citizens are not treated equally based on where they live.
The fact that in a decade and a half only seventeen states out of fifty have “substantially implemented” SORNA, should give anybody with an ounce of common sense the clue that the states themselves see this Act as bad. But we don’t have to live under the oppression and confusion of only one useless law, we have the State Statutes beneath it, the County ordinances beneath that and City ordinances below that. It’s a patchwork of rules and restrictions that create a maze of tripwires to catch people in technical infractions that would not be illegal conduct for anyone but someone on the registry.
IF there has to be some registry scheme (and I emphasize “if” because I don’t think there should be one), any disparity or discrimination should be individualized and carry a legitimate government interest (ie: chronic voting booth masturbators can’t participate in an election because the problem has become prevalent in Missouri). Article IV, Section 2 of the Constitution states that “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” So why can’t I vote in the upcoming election when someone who committed the exact same offense as me in another state can?
The federal government needs to step in and take control over this debacle, but I’m not holding my breath on that happening. For that reason we need to combine forces with the other states’ affiliates to find a vehicle that we can all ride to the Supreme Court. When it comes to restriction of rights, federal law should create a ceiling not a floor. Otherwise it will just become a political pissing contest to see which lawmaker can come up with the harshest law and then every couple of years after, when they need more political points, make it even harsher.
I end this very long week (and this very long post) with a plea to support registry reform (I prefer ‘registry abolition’, but I didn’t coin the phrase). Whether you help support FAC (which you can do here) your own State’s affiliate or a national organization, we need to make things happen and we need to make things happen faster.
Excellent evaluation as to just how fouled up…that’s my nice “F” word…this nation has become and how un-united we are. We have too many in charge of the same problems. As I once heard…everyone is in charge and no one is in charge. Too many politicians want to group people and then set the groups against each other…and then become the hero for the dominant group. Since it seems to be ‘offensive’ I will not mention when and where in previous time this has happened. I am thankful for FAC and NARSOL. Let’s give them lots of support!
It seems the best way to negate these injustices are to win a court case. So… one gets arrested for say, attending a town board meeting, have no money or income, have a public defender, contact the aclu, know the ways and the in’s and outs very well yourself, change said public defender as often as necessary if they don’t want to really “take this head on”,, maybe loose a few rounds and end up in your state or federal Supreme Court where you will probably win. I believe that is how NY lost it’s GOOD FOR NOTHING residency restrictions!!!!
I feel the same way…things need to happen. I’ve been following your posts for over a year now and while I see all these posts on what is going on everywhere and what needs to be done, I don’t see any action from the Florida Action Committee or anyone who responds to the posts on here. It seems like everyone wants to talk and complain and this and about that, but not a single person is willing to do anything about it.
I am a registered sex offender in Florida. I live in a nice neighborhood with my wife and son. I have a job paying a good, a very good, wage. I don’t have a single person finding me on the registry and bullying me or threatening me like I hear stories about all the time. I belong to several organizations that help out the community. I am not trying to brag about what I have done with my life, I am trying to say that if you are going to let someone hold you down, that is what is going to happen. If you refuse to let that happen, then it won’t.
If people would stop feeling so damn sorry for themselves and do something about it, then they wouldn’t have to live under a bridge in a tent camp. Maybe it’s time that instead of all crying that someone organize a march on Tallahassee. The Black Lives Matter movement seems to be getting a lot of attention to their cause by organizing rallies and riots, why are we just sitting by our computer and crying woe with me?
I’ve made something of myself, I keep my status out of the spot light, I only have 2 more years before I am eligible to apply for the 25 year relieve, and I do allot of things that makes me very public especially when working with large groups of people. Because of that, I am not going to jeopardize what I have by organizing a march. But I would definitely help out behind the scenes if I thought it was for a good cause. Posting links on this site to surveys or to help people write research papers about our experiences isn’t going to amount to anything, we need to do something hands on if we are going to make a difference. And we need to do it as an organized group and show our numbers in force to make a difference.
Richard, I like the way you think. We don’t need to loot a store or burn down a business to get attention but we do need to expose some of these politicians for what they are…power grabbers with no conscience. I call them out in my letters to them and if the truth offends them then so be it.
Richard, you are using the internet because FAC “did something about it.” There are other legal challenges available that you can help find if you have spare funds, or if you have more time than money then FAC could use you as a volunteer, as a small fraction of its membership are doing the bulk of the heavy lifting. (And if you happen to be in Brevard County, then you are needed NOW, immediately).
We use this forum mainly for three things: to strategize, to refine our message, and as a safe place to vent our frustrations with Florida’s objectively ridiculous and counter-productive registration laws. We have a tendency to devote more space to the last of these, which is why we sometimes come off as whiny. If someone wants to whine and complain, then as long as they are following the posting rules, their posts come through.
I agree with you that having a sex crime in your past should not prevent you from living a productive life, as you are doing, but some people are in a worse position, forced into homeless by the law, etc.
Someone with your profile and resourcefulness could be an asset to FAC.
Hello Richard,
I read your post with envy how you have achieved so much by being a fellow SO out in the public, belonging to “several” public organizations in a nice neighborhood, etc.
After thinking about it for a while it does not make sense. I tried to do the same thing by trying to join organizations, clubs, church, interest groups like meetup, and be nice to my neighbors. In EVERY CASE I was found out to be on the sex offender list and unwelcomed, Blackballed, disfranchised , expelled and despised from every organization I tried to join or be a part of, and even by my formerly nice neighbors.
Your post does not make since in today’s online, internet age where every person with a child (and sometimes without children just nosey people) looks up the names of everyone that they come into contact with in their realm of activities, that do not know beforehand.
Therefore, I do not believe your post without further evidence and proof that you fail to provide. You are even unwilling to advance our committee due to being afraid of being ‘found out” and kicked out of your so called organizations.
Let’s not accuse Richard of lying. Especially if he is willing to volunteer or contribute or otherwise he’ll get things done. And especially if he has no apparent reason to lie. Richard does not owe us evidence and proof of anything.
The fact is that there are registrants raising kids, living productive lives, and engaged in their communities, despite all the obstacles and bs.
And a statement such as, “every person with a child looks up every person they come in contact with in their realm of activities” is simply false.
I’ve gotten to know other parents and community members through my kids’ various activities and am also involved in a house of worship whose leaders never bring up my past unless they’re trying to support me. Some of my neighbors have made efforts to reach out to me.
But Florida’s registry laws are a cancer, and I am here to help destroy them. NO ONE should have to go through what you described after having paid their debt to society.
*or otherwise help get things done (damn my typing)
Thanks for the replies. I guess there are exceptions to being on the registry, and it is great to hear success stories from almost impossible odds against it.
I think what you are saying is the people in your groups know you are on the SO registry, but have come to know you and accept you through your good actions, or knew you before you offense and did not hold it against you and abandon you.
I have the same friends and people who knew me before my offense and know that I am a good person and friend who made one mistake that did not change their opinion of me or abandon me.
I am talking about trying to make new friends and join new organizations and clubs and such. I have found many national organizations have a “moral turpitude offense” clause written into their membership rules which would of course deny any SO, and no organization will knowingly allow an SO membership if it is family oriented with children if they know of your offense.
Every local church who even allow SO’s (other than mega churches who don’t know their congregations names) that i know of do not allow SO’s around children and usually keep them separated in a designated area in the church.
Richard seemed to state that people did not know he was an SO because he kept it “out of the spotlight”, and still do not know after years of involvement.
This is the part I did not accept as true. In time I believe you will be “found out” by someone and reported, so I do not try to keep my offense hidden or “out of the spotlight” but notify the leadership or people I want to join or befriend almost immediately of my offense before trying to become involved.
I have tried to not do this, keep it hidden hoping my good works will prevail if found out later, but was always chastised for not notifying them before I became involved and kicked out of every group immediately,
I joined a family-oriented house of worship AFTER I started registering. The leaders make sure their kids help me feel welcome, even though I’ve had to explain to them how my probation conditions work. They just feel they are capable of making their own risk assessments and, like many people in the community, don’t trust the state to tell them who they should and should not associate with.
As one treatment provider advised me early in the process, “most people don’t care.”
Jed,
I don’t know your situation and I can’t comment based off of that. When I first moved to Florida I was living in Tampa and I had people knock on my door and tell me to move away that they didn’t want me there and so on.
I have been fortunate that I did move away from Tampa, I am in North Central Florida now. I have someone check on me twice a year. They come to my door, they look at my ID, look at their paper and say have a nice day and they leave. I do my twice a year check in at the county station and I’m in and out in under 30 minutes. I think living here is a lot easier than it is down in South Florida.
Business owners have better things to do than gossip and going to the FDLE site to look up everyone they come in contact or work with. The people I associate with are people who have come to know me and trust me, they don’t go around looking up gossip. It’s mostly a senior area where I live as well. All that helps.
The newspapers up here don’t publish pictures and names, we don’t have lots of RSO’s living on the street. It’s more rural up here so living 1500 or even 2500 feet from someplace where kids gather is easier than it is to find housing within 1500 feet of a park or school.
I do my letter writing campaigns when I see people mention them online and I support where I can, anonymously for the sake of my wife and my son.
I just feel that with all the letter writing, all the legal challenges, etc. that nothing is going to happen. People see us as weak and figure that they can just write us off and that nothing is going to come of it. There is so much going on in the country right now that is against the constitution and if Sanders gets in office (and I am not trying to make this a political post) it is going to make things bad for the country and even worse for us. I feel that if we don’t show force in numbers, nothing is going to change in our favor, it is just going to get worse. It’s like a magic trick where you show the people one thing in your hand while your other hand is doing something else….They are using us as a distract by showing the citizens how evil sex offenders are and how they are going to make more rules to protect children even though those rules aren’t doing crap and in the other hand they are slowing destroying the country but no one sees it because we are the distraction.
Richard, are you aware that as a result of a legal challenge, all registration and registry-based enforcement has been suspended in Michigan? This was just PRIOR to covid. And as a result of another legal challenge, you are not required to report practically every website that you visit (thanks FAC!).
I realize that sometimes it feels like one step forward and two steps back, but don’t give up hope!
”And a statement such as, “every person with a child looks up every person they come in contact with in their realm of activities” is simply false.“
Actually, no it’s not false. I worked at a restaurant for 3 yrs and when I was the “new guy” there, the first thing everyone wanted to do was exchange Facebook friendships and also get me to join the restaurant’s private Facebook group where people post about needing a day off and asking if someone can cover their shift.
I was “found out” due to this. Many of my fellow coworkers were early 20’s with no kids. Someone found me out and my manager who got me the job after we both worked at another restaurant that had closed told them to keep their mouths shut and mind their business.
So yeah, people DO spend time looking up other people because the internet allows them to. Don’t kid yourself.
Jed, like Richard I too have also been blessed. I have a life where I can help others and I do. It has been my faith in God that has pulled me through life’s detours. I even have law enforcement officers that are friends. I have served on my HOA board, been a trustee in my church, conduct a small group in my home…for the past 16 years, conducted various classes for my church group, and have led a group in warbird restoration. I am now retired and working on projects that I have been moved to get involved with…although, I have a Russian fighter to start restoring when the museum reopens. Surprisingly people can read attitudes. RSO’s must maintain a positive attitude at all times, no matter how tough it is. The ‘color’ of your character will come out. Everyone has skeletons in their closet, and you can help them have hope if they ever get caught. Trying to ‘live in the shadows’ is no way to go through life. A person whose life is controlled by fear ceases being a functional human being.
Okay, Richard. Where do I begin?
My husband and I are in a different situation than most families are that have a member on the registry. I thank God every day for that, but there were some things put in place in our lives before we entered the police state of the registry that most people on the registry are not so fortunate to have.
Through FAC, I have had the opportunity to meet many registrants. They are leading their lives as law-abiding citizens that anyone should want to get to know and spend time with, but as soon as someone finds out they are a “sex offender”, it is all over. We know a wonderful couple a few blocks away from us where their once friendly neighbor found out that the husband is on the registry. Now that whole family gives them the cold shoulder.
Many registrants in blue collar jobs have had to quit numerous jobs once a coworker finds out they are on the registry. The employer always knows about the situation and does not care, but let me assure you there are so many people out there who feel their job is to ruin the lives of anyone they can who is on the registry.
I was watching a video from the NARSOL annual conference this past year, where the marketing director, Michael McKay, stated that as soon as he was incarcerated, a brick was thrown through a window at their home where his wife was present. People showed up at their front door impersonating police officers just to intimidate his family.
No church in Gainesville will take us.
I could go on and on with example after example how registrants are abused by others.
You have been protected from all of this as my family has, but that does not diminish what is happening to many on the registry through no fault of their own.
Richard, you sound like a man who has some talents that could be used by FAC. As for not seeing any action from FAC, you need to become involved and you will see exactly what is going on. FAC is probably doing more to get the registry reformed/eliminated and to reform the draconian statutes/oridnances than any other state organization in this country.
I am not at liberty to share everything I know, but if you will share your talents with us and prove you are capable of representing FAC in an appropriate manner, you could become a board member and see what all is going on.
I work with media as the chair, only because we do not have anyone else who is willing to do it. I am blessed to have four other people with me on the committee. We read articles online and post comments either commending the journalists, correcting their misinformation with research-based facts, or promoting our cause. We write “Letter to Editors” to papers throughout the state, contact government officials to educate them, and seek out media sources that might help our cause. One of our members keeps Governor DeSantis abreast of the need to grant the right to vote to all Florida citizens. We are working with social media to educate and unite with others in our work. We have spent hours in trying to educate the Brevard County commissioners and getting community support in stopping what is about to happen in that county. Even though it is not in our job description, we write legislators and attend virtual town hall meetings. One of our committee members is helping with video production to educate the public. And I have only covered some of the things we do on the media committee. And this is just the media committee.
What we do on the media committee is a drop in the bucket compared to what legal, membership, finance, technology, and outreach are doing.
Speaking of legal, it is because of them that you are allowed to use the internet as freely as you are presently doing. It is good to hear that you have a good income. Hopefully, you are donating to our ongoing lawsuits. Why don’t you offer a specific amount to donate as long as other FAC members collectively match it first.
You have been very critical of FAC and undeservedly so. How are you helping out as I can assure you that there are plenty of other people who are? But we still need more help: legislative committee, education committee, fundraising committee, assistants to the board, county coordinators, regional directors. Media is also accepting more volunteers.
You are right about the hands on work. What are you willing to do hands on?
By the way, a little over a year ago, I stumbled onto the FAC website. Up until that time, I had found no support anywhere. It was through the FAC website that I found the support I so desperately needed, in addition to the knowledge of how to navigate the sex offense probation and registry. Part of having a successful organization is also having a sounding board where we can vent as needed and not feel threatened for doing so.
You sure talk a big talk friend!!!. We should do this or we should rally!!! BUT then you say, I can’t put myself out there cause I might loose my “Status”!!!!! You are the problem!!!!. All talk but no action!!!. Any one of us will help “Behind the scenes”!!!!. Everything you said someone SHOULD do is what you NEED to be doing!!. You spent your whole post putting everyone else down then tried to make an excuse for yourself!!!!. You are definitely part of the problem bud!!!. So as you said, GROW A PAIR!!!!!!. I dare you!!!!.
Richard, we have to be willing to put our name and reputation on the line to support a cause we believe in. I am reminded of our founders who, when they signed the Declaration of Independence, basically signed their own death warrant. Those who have been fortunate enough to survive this RSO harassment in relative good shape even have more of an obligation. When I moved into my neighborhood, to counter the sheriff’s distribution of his ‘bad boy’ flyer, I handed out a flyer of my own so my neighbors got a true background outline, not one just tainted with a bad situation…one I am not proud of…in my life. My neighbors appreciated the ‘real story’ and I have gotten along fine with them…even those who have children. I have lived here for over 16 years. If you have been a good neighbor for some time now you just might want to let the neighbors know your background and let them know you are not a threat to anyone. One of the worse things that can happen is for a neighbor to find out ‘about you’ by accident. At that point they will only be exposed to what the ‘system’ wants them to know…not good. Jump in. There is much reward in serving others, especially those who have limits on even serving themselves. I find pride in my name on anything that stands up to a corrupt system.
One way for things to happen faster is the same thing we post on our Facebook page. That being for any person who reads this needs to do their part in advocacy by forwarding this well written article and study to your elected state senator and representative as well as your Congressional representatives…Goggle ‘find my legislators’ and put your address in when asked. It will give you the names and contact information for those at both levels. How many do you suppose have to read it in order to forward to a handler or formulate a response?
Each one is one you have educated. Now that you have the hang of it send other things you read especially peer reviewed studies.
I realize that FAC original content like this is time consuming to compose. But I always look forward to reading such posts, as well as the commentaries contained in the Weekly Updates. More like these, please!
Everything stated in this should be used by attorneys to fight the entire registry scheme. The only thing I have a problem with is when you said ”The federal government needs to step in and take control over this debacle”
The federal government? First of all, it’s the federal government who literally used BRIBERY to get all the states to implement the sex offender registry by denying them any federal funding if they didn’t. Yes, that’s BRIBERY.
Secondly; big government sucks. The less the feds stick their noses into our lives, the better off we are. Don’t expect the same government who bribed states to suddenly do something to ease the burden of the SOR laws/rules. That’s just a joke and a half. The feds make their piece of the pie off of this registry, don’t fool yourself. I’m all for capitalism as I have a small business but to capitalize on people’s suffering is a no-no. And yes, with all the b.s. things that can get a person listed on the registry, it is fair to refer to them as people who are suffering.
Maybe someone like the repeat offender who killed Megan Kanka can suffer and none of us would care. But many of us had a lapse of reason and did something stupid/illegal. But “sex” in ANY form is an eyebrow raiser in this society. When Elvis Presley met and fell in love with Priscilla, he was 24 and she was 14. Many people who love Elvis will try to justify their relationship by saying “But he didn’t have sex with her until he married her a few years later after coming home from the service”. Wrong! She spoke about the “things” they did shy of having actual intercourse. But even sending “love letters” to each other while he was in the army would be a sexual offense because it would be seen as “grooming”. The very same “grooming” bs that law enforcement uses as an excuse to get someone for talking to an underage person online.
Just admitting to having a 14 yr old girlfriend even if no sexual intimacy is involved will get you arrested and registered.
A GOOD attorney or a “dream team” of attorneys should seriously challenge this Megan’s Law nonsense full force.
I don’t care if you were 30 yrs old and had a nonviolent, consensual yet illegal relationship with a post pubescent teenager. That is still NOT the same thing as the Megan Kanka incident that led to this debacle in the first place. If you have a REPEAT drunk driver, they get their license suspended for a period of time or for life. But not for a FIRST offense. The same should apply to a sex offense since many of the offenses we were all convicted of have NOTHING TO DO with what happened to Megan Kanka.
Too fucking bad if a court doesn’t want to hear it put to them like that but that’s how it has to be presented. Sometimes you HAVE to speak “unpopular” opinions in order to make a point clear for these idiots who think every sex offense is the same as what they’re shown in a TV show like “Law & Order: SVU”. They’re not the same.
To any attorneys who might be reading this – GROW A PAIR and fight this shit with or without boxing gloves on. Let the courts know that it’s time to say “enough is enough”.
I think it’s OK for Richard to advocate behind the scenes without putting himself out there. Reason being collateral consequences for his wife and son. It all depends on one’s family situation and employment situation. It seems unfair that Richard would have to choose in a conflict between advocating for the Constitution and other more immediate needs of his family, but that’s what we face right now.
Once Richard’s son grows up and/or Richard retires, I’d encourage him to go get ‘em.