Legal Updates
Weekly Update for 06/08/2023
Dear Members and Advocates,
This Weekly Update brings more unity and change. First, oral arguments were heard last week on the motion for summary judgement in the Ex Post Facto II case in the Northern District Court. We have been asked by the attorneys to remain patient, as they are expecting to receive an opinion from the judge and, at that time, they will share the outcome and next steps on a future Monthly Membership Call. Be assured that the case is moving forward and that is a good reason to remain powerfully optimistic.
In the meantime, you may recall that the Jacksonville ordinance required registered citizens to post a sign in their yard on Halloween indicating “No Candy Here”. The key word is “required” in past tense because, as a result of a lawsuit, there are no signs, no more. Jacksonville City Council repealed the ordinance when litigation was filed in Federal Court by two plaintiffs from Jacksonville who fought this ordinance. Other counties with a similar “Halloween sign” ordinance have already been notified that the signs are unconstitutional, and their ordinance must be repealed. We are expecting the “No Candy Here” signs to be past-tense throughout Florida and never to return. Thank you to the attorneys and the plaintiffs, who are also active FAC members, that stood up to Jacksonville and paved the way to ensure such an ordinance is not going to happen again in Florida.
What’s next? There are more lawsuits under consideration to challenge other municipal ordinances and state registration requirements. To be effective, there must be at least one plaintiff willing to file the complaint. If you want to be considered as a plaintiff, please complete a Case Consideration found here or on the Legal Committee page of the website. If you do not have internet access, contact your County Coordinator for a copy that you can mail-in. The form asks only general questions about your past offense, but focuses instead on the collateral consequences of the restrictions and how the Registry impacts you and/or your family.
As a reminder, we are forming a Research team to help gather information for potential legal cases, articles, and proposed bills. If you can help with data entry, or you like to crunch numbers, dig into the data for answers, search for details, explain results or any part of what it takes to research and report on data, then let’s talk. We need Project Managers, keyboard warriors, analysts, writers and support staff. The more information we can prepare, the faster we will see more lawsuits, more journalists raising awareness of the injustices and more likely to have a legislator sponsor a bill that would provide relief from registry restriction(s). To join the Research Team, contact membership@floridaactioncommittee.org or call 833-273-7325 Option 1.
Keep in mind that no task is too heavy if everyone lifts.
Sincerely,
The Florida Action Committee (FAC)
ANNOUCEMENTS
New Member Orientation Call – Thu Jun 8 at 8pm ET. 319-527-3487. NO Agenda. Call in to learn more about the organization, volunteer opportunities, where to find support, get resources and referrals, or just share information. If you have any problem connecting for free, you can text CALL ME to 319-527-3487 for a call back from Free Conference Call and you will be connected to the meeting at no charge.
Family Support Group – Sat Jun 10 from 11am-1pm. By Invitation only for non-registered family members with loved ones on the Registry. Must be an FAC member. To participate, contact membership@floridaactioncommittee.org or call 833-273-7325, Option 1.
Women’s Group for WFR [Women Forced to Register] starting soon. For details and more information, contact Danell at fac.region4b@gmail.com or leave message at 772-494-1947.
MEET and GREETS
Sat Jun 10 – West Palm Beach- TIME CHANGE, Noon-3pm RSVP to Danell at fac.region4b@gmail.com or call 772-494-1947.
Sat Jun 10 – Miami- TIME CHANGE, 4:30-7:00pm RSVP to Dessie at fac.region4c@gmail.com or call 772-226-0304
Sat Jun 10 – Jacksonville, 3-5:30pm RSVP fac.duval@gmail.com or call/text (904) 300-0109.
Sat Jun 17 -Tampa, 1-3pm RSVP to Daphne at daphne.fac@gmail.com or call 757-570-2060
Sat Jun 17 -Fort Myers, noon-3pm. RSVP to fac.lee.coordintor1@gmail.com or call/text to 904-428-8724
Sat Jul 29 -Apopka, noon-3pm. RSVP to membership@floridaactioncommittee.org or call 833-273-7325,Option 1.
Sun Jul 30 – Hernando County – 2-4pm RSVP to hernandoFACcoord@gmail.com or call 352-606-0187
Sat Aug 5-Clearwater – 1-3pm -RSVP to fac.region6a@gmail.com or call 217-218-2749.
Sat Aug 12-Citrus County-2-5pm RSVP to membership@floridaactioncommittee.org or leave message at 833-273-7325 Option 1.
Sat Aug 19-Highlands County- 11am-2pm RSVP to Morris at fac.highlands2@gmail.com or leave message at 863-256-3026
Support Staff Needed- If you have some time and want to be more involved, email membership@floridaactioncommittee.org or call 833-273-7325,Option 1.
County Coordinators – New Training class runs May 21 to Jun 18, from 7-8:30pm each Sunday night.
Staff Writers are needed for articles, posts and Weekly Updates. If you have a story, article or topic of interest to share, please submit it to media@floridaactioncommittee.org
Membership Communications – Return phone calls and emails from members seeking information. Training provided.
PenPal Communications – Respond to letters from inmates seeking information and support. Training provided.
With Unity Comes Change -Get Involved and Volunteer Today!
Florida Action Committee
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I was under the impression the trial
was set for July 17th? So now everything thing is done in this case and now I guess we wait.
Again a big thank you to Val and Todd our fearless lawyers in getting our voice heard
Oral arguments were heard in May 2023 on the Motion for Summary Judgement. We are expecting an opinion from the Judge that we will share with the members. It is likely to move the trial date. We will keep you posted.
Sure would like to see one of these “Meet and Greets” in Gainesville, Alachua County. I know that we have quite a number of citizens required to register in this city and county as I have been for the past 15 ½ years.
Meet and Greet in Gainesville is planned for September. Date TBD, We will keep you posted.
Curious about the be venues for the Ex Post Facto cases. One was filed in the Southern District (I belive that’s now at the 11th Circuit Court of Appeals) and the other was filed in the Northern District. Why is there no filings in the Middle District?
The original Ex Post Facto case was filed in the Southern District in 2018. It was dismissed on a statute of limitations (plaintiff complaint was past 4 years) , but we appealed to the 11th Circuit Court and WON the appeal so that case is went back to the Southern District court, We refer to it as the Ex Post Facto I case. While EPF I case was being appealed, we immediately filed a second Ex Post Facto case in the Northern District court ensuring plaintiff’s complaint was within the 4 year limitation. We refer to that as the Ex Post Facto II case. The judge in the Northern Court is moving the EXF II case forward, whereas the judge in the Southern District Court has not yet started court proceeding on the EPF 1 case.
Thanks, Membership. But nothing in the Middle District? I’d be a named plaintiff if you need one.
Hernando County recently passed an ordinance requiring “No Candy Here”. I emailed a county commissioner about this and he said that SO’s who shouldn’t be around children will have a sign in their yard. I then told him that according to my sentencing report, the judge in my case said that I was not prohibited from being around persons under 18, I was not prohibited from being in places where children gather, and I was not prohibited from living near schools, churches, playgrounds or anywhere. He told me that I’ll have to deal with it when Halloween comes around. I sent him another email and he refused to email me back. I don’t know if there’s any action being taken against Hernando County as far as the sign being unconstitutional. I’m not sure what to do if no action is taken.
Be advised, the Jacksonville ordinance was not repealed. It was amended. All the other onerous conditions remain or are worse (IMO). We also still have a 2500′ residency restriction for SPs.
https://library.municode.com/fl/jacksonville/ordinances/code_of_ordinances?nodeId=1217053
Some provisions of the Jacksonville ordinance are now ‘worse’?
Is this true? Anyone know what provisions JZ is referring to?
Was anyone there for Oral Arguments? If so what questions did the judge ask if each side? That can sometimes reveal which way the judge is leaning.