LA: Court Strikes Louisiana’s ‘Sex Offender’ ID Requirement
A WIN!!!
Louisiana’s requirement that people convicted of certain sex crimes carry a state-issued ID card with the words “SEX OFFENDER” printed on it in orange capital letters is unconstitutional, the state’s Supreme Court ruled Tuesday.
The 6-1 ruling upholds a decision by a state judge in Lafayette who last year threw out a charge filed against a man who altered his card to remove the label.
State attorneys had argued that the state had a legitimate interest in having the information on the ID card: to let law enforcement officers know the cardholder’s criminal history.But Justice James Genovese, writing for the majority, said there are less restrictive ways to inform law enforcement than requiring someone to show the branded card every time they are required to produce a government ID.
“A symbol, code, or a letter designation would inform law enforcement that they are dealing with a sex offender and thereby reduce the unnecessary disclosure to others during everyday tasks,” Genovese wrote.
Thank God! Finally a win….any win!! Seemed like everything else lately has been losses. 😖
There have been other wins but few with national significance. One day, as more federal courts deem the Registry as punitive and not just administrative, our constitutional right to freedom from cruel and unusual punishment will be recognized. Patience and vigilance in litigation must go hand in hand!
dont thank god so quickly whenever something goes our way 2 things go against us
No hope
It is not God’s fault we were arrested. Although I did not get a fair court hearing, I cannot blame anyone but myself for getting into this situation.
Hey cherokee jack correct me if I’m wrong but when you were in law enforcement and you pulled a car over the first normal thing to do is run the tag right ? So since we have to register any vehicle we own or drive or is affiliated with us in any way ( like your room mates,or spouses car wouldn’t that tag check tell law enforcement that its possibly an registered citizen in the car ? So why again do they need it on our license ? Oh ya so the teller at the bank can know or the clerk at the store who asks for ID when you pay with a check.
Tim
It is funny you say that. I got pulled over and the Deputy didn’t even notice the FL Statue # on my license and didn’t even mention anything until he ran my license and tag through his system.
He was cool and just gave me a warning to slow down so not all cops are jerks.
You are right though, why does every bank rep, and anyone else who takes your I.D have to see that? I mean we did our time, can we not change? We sure as Hell are not given a chance to prove that by NOT being on a registry.
They keep mentioning a ‘code’, ‘symbol’ or ‘letter’ would be more constitutional. But they do not take into consideration that even those are a problem when LE starts to spread the word of what to look for when someone has to show ID. IT’S THE SAME THING!!!!
FL puts status code for SO and uses (sex predator) in red print on DLs. But what about murders, repeated offenders, drug charges etc or even robber. All criminals be labeled on IDs? Maybe Corrupted govt official get their ID labeled. What’s next tags stickers. Sounds like becoming Germany with Hitler labels Jews with stars pin on them. I think LE be only ones have ability to see records. This labeling is growing way out of control. It’s all ways to get people in jail for money trail or so. What’s next police be like move Judge Dress. P.s. bad cops then should be labeled and their police / work record public. Officer may been having issue with not doing their job correctly.
LunchBox
The last time I got my driver’s license renewed, the clerk said out loud enough for everyone to hear, “You know your license has a sex offender designation on it right”?
I know she did that on purpose. I asked for a supervisor, and found out SHE WAS the supervisor. What a “B” she was.
Those things are not labeled because they don’t involve sex and there is not enough hatred in the general public unless sex is involved. The criminal regimes cannot create and continue this harassment without enough hate to support it.
Of course, the criminal regimes and law enforcement criminals don’t need the label or have any legitimate use for it. It can all be looked up via their computers, just like every other relevant piece of information WILL be. The point of having the label is to try to shame the person and cause them problems in general, in as many ways as possible.
If that label is “needed”, then surely they must also need to encode the person’s entire driving history on there. I would think DUIs would be especially pertinent. Perhaps robberies? Kidnappings? But nope, just sex, because the point is to cause problems.
And it doesn’t matter if the label is big red letters or is just encoded, people will know what it is. Most people are not as stupid as Registry Supporters/Terrorists.
Yes!!!!!!!!!!!!!!!!!!
Does this open the way to fight for same in FL or does one of our current lawsuits cover this?
“…to let law enforcement officers know the cardholder’s criminal history”
What a weak argument! Does every felony in LA have their charge on their license? No! Cops run your ID when you hand it to them so they will know in a few seconds anyway.
So how is it unconstitutional in Louisiana but okay in Floriduh? Why doesn’t every felon in Floriduh have their charge on their license? This is called unequal treatment under the law. Oh, that’s right, Floriduh doesn’t recognize the 14th Amendment when it applies to those forced to register!
Each state has their own constitution.
So if it is wrong in LA shouldnt it be wrong in FL? the code on our licenses basically comes up child molester even if some of us have not been charged with that crime how is that not unconstitutional?
So many things about the registry are found unconstitutional in different states why doesnt the supreme court see the same thing?
NO hope
Do you ever watch the news? Every time I see anyone on the news that has been charged with a sex offense, the news calls them a child molester. I once looked up someone they called that and the person was charged with urinating in public.
Good Lord man, these reporters need to have this happen to them so they can see their lies are destroying families.
AND, while speaking of that, WHAT IF the person is found NOT guilty? The news already prosecuted them. Viewers cannot UN-SEE or un-hear that.
Further more, they almost NEVER print or report a retraction when they are wrong. AND the Freedom of the press act almost always covers them from liability no matter whose lives they destroy.
pyrrhic at best
Justice Crain said: “The speaker is the government: the words are stamped by a governmental agency on a government-issued identification card in accordance with a government enacted statute,” Crain wrote. “This is the embodiment of government speech.”
So what he said is “enacted statue” and that’s what we have on ours. A lot of people know what this means. Regardless I don’t want to speak the statue either. Y’all say your not SOs but speak the statue on your IDs I bet you also identify so while registering. In polk your required to write sex offender or felon on the sign in sheet that stays in the lobby for everyone to read.
How do we appeal this here?
Law enforcement knows who the hell you are when they pull your name. They know every call on your tag, when they been to your house, this isn’t the CB days with Roscoe and Boss. This just goes to show you your on trial for life; when officer is “dealing” with an SO. Like now what they gonna check the trunk for child like dolls or wine coolers and condoms. Make sure your wife isn’t a prostitute cause she’s wearing heals. The gonna ask “sir how much sex have you had tonight”…” do you mind steeping out of your vehicle while we search for skeet rags your within 20 miles of Coconut Grove.
Why would we want to appeal this? Justice Crain dissented. That means he disagreed with the decision of the majority who felt it was unconstitutional. This was a GOOD decision that we would not want to appeal.
I haven’t read the actual opinion, but the excerpt indicates that Crain found it unconstitutional because it compels government speech from a private citizen, which has regularly and consistently been held unconstitutional. The same reasoning that struck down that idiot sheriff in Georgia who was posting signs in registrant yards last Halloween.
Personally, I would argue the same logic should apply to the registry en totem.
Unconstitutional in one state but not in others. Which Constitution are these judges using? I thought this was supposed to be the ‘United’ States. I believe that we are united only in confusion. It’s coming down to a ‘lawyer benevolent’ society.
“A symbol, code, or a letter designation would inform law enforcement that they are dealing with a sex offender”
Hum so someone who gets pulled over who 30 years ago stole something, they call into dispatch and say ” I just pulled over a thief”? NOOOO
But forever and ever and ever we are actively committing sex acts ?
Take off the “S” from sex offender and you get the truth “Ex-offender”.
Although we cannot undo our crimes (Or what we were at least accused of) that doesn’t mean every day we drive around looking to offend.
Would it be a good idea to forward these comments and the e mails to the people who make the laws that we deal with? Like Legislature’s, Government oficials, Law enforcement, ect!!. It might help for them to read what we read and comment about. And for them to maybe understand how we feel about it all!. And to let them know why we think it needs to stop. Because it doesn’t need to be this way. We the people who are suffering know what we need to do so we dont have to suffer anymore. It doesn’t seem like they hear us any other way. “OR” they don’t want to listen anyway “Maybe” 🤔
Too true and yes I know not all law enforcement officers are jerks I have a few who I consider friends and even more so they concider me there’s as well even after I made a mistake . they are the ones who say EVERYBODY makes mistakes as long as we learn from them , take responsibility and do what’s right then we SHOULD be given a chance to prove our selves.
My nextdoor neighbor is a former NYPD lieutenant and we get along just great. In fact, it was probably his letter about me that helped me get off probation eleven years early. I respect law enforcement officers…they have a tough job…and I am disappointed when I see or hear of one going astray. We must remember that they too are humans and subject to failure just like all of us. The failure of one does not make them all failures or unable to retrieve their lives…unlike registered citizens, at least in the public ‘eye’.
Just a reminder to the folks here, this ruling is in line with the Fed ruling from AL (2019) and opposite from the 10th CCoA via OK (2017) on this topic, which can be researched online. Whether it is coded or straight text or on/in the front or the back (think passport too), it is still gov’t compelled speech because they are making it appear on a gov’t doc they require to be on the person for IDing purposes. It really is that simple despite the gov’t interest had in making sure the LEO who is reviewing the doc knows who they are dealing with.
“A symbol, code, or a letter designation would inform law enforcement that they are dealing with a sex offender”
This part of the ruling by a judge concerns me though . ” dealing with a sex offender”. That means the courts consider us still sex offenders forever, even though we probably are no longer offending. So much for ex felons or ex offenders.
That gives an insight into the courts feelings, thoughts, ideas and views on us overall. Probably why we have not been able to overturn the registries as punishment.
No matter how much they love LAW, many of them let their personal feelings influence their rulings. This happened to me in my being sentenced to 22 years for a first time isolated incident with the willing participant not even showing up to court.
After numerous appeals, the appeals judge ruled the sentence, although legal, was done out of emotion and uncalled for, for someone who had never even had so much as a speed ticket before. This happens WAY more than you realize in sexual related cases. Even when the “Victim” states they were a willing participant, many judges put on ear muffs and only hear blah blah blah.
The judge I had originally basically told me “If I could sentence you to life I would, but I am bound by a certain limit”. She was so nasty to my attorney they he went outside to the hallway and threw up.
Any of us that have ever been pulled over by LE for a simple traffic violation or sometimes fishing expositions since we were first required to register knows that the number designation only confirms who they were hoping was driving the vehicle because they already ran the tag before the red and blues came on and makes getting from you have a tail light out to what do you have in your trunk mind if I have a look that much faster. In my case it was 20 questions about my childs child restraint seat. My point is run your name or tag and they already know