Disney World Vacation Leads to Fight Over Florida Sex Offender Law (An Out of State challenge)
A Pennsylvania man has filed a challenge to a Florida law that has kept him on a sexual-offender registry after a 10-day family vacation to Disney World in 2015.
The man, identified in court documents as John Doe, reported to the Orange County Sheriff’s Office when he came to Florida because he was on a Pennsylvania registry at the time as a result of a child-pornography conviction in 2002. Doe was removed from the Pennsylvania registry in 2016 but has remained registered as a sex offender in Florida, according to a lawsuit filed last week in Leon County circuit court.
The lawsuit, which names Florida Department of Law Enforcement Commissioner Rick Swearingen as a defendant, contends that the Florida law violates his constitutional privacy and due-process rights. In part, he pointed to information that FDLE posts online about registered sex offenders.
[FAC NOTE: Val Jonas represents the Plaintiff]
READ THE COMPLAINT: Out of State – Doe v Swearingen – Complaint
How wonderful that he has Val Jonas representing him.
FAC, does this affect our Out-of-State challenge and need to raise funds for it?
Great News! And he got the best Attorney there is, which is huge and will make all the difference in winning. I wish him the best.
Keeping someone on the registry that is not living in the State serves absolutely no purpose other than punishment, which we are told by the US Supreme Court the registry is not. They concluded the registry is about safety. Considering this person no longer poses a safety threat to anyone in the State, was not convicted in Florida, has been removed from the registry in the State he was convicted in, exactly how does being on the registry make anyone safer? The only possible answer is the State and the FDLE receives federal money for this person and others like him for being on the Florida registry and they don’t want to open the floodgates of 10,000-20,000 people being removed.
Spot on.
Alan
Yes this proves it is NOT about safety but about $$$$. More people on registry means more registry enforcement officers which means more local and state funding. Connect the dots. I use to work in law enforcement. The high ups and brass of law enforcement only care about making their departments look good and getting more funding.
Sex offenses scares people, registries make them feel all warm and fuzzy and safe knowing the bad people lurking in the alley ways are being tracked.
It also why the prosecutors fight so hard and spend so much money fighting our appeals. They could care less about us 99% of the time but when it comes to them looking tough, they suddenly want to show how tough they are on crime. They didn’t know who you were from Adam until you go before a judge to get some relief.
I just wonder why, every time I was a victim of a crime, the prosecutors agreed to time served or a small fine or even worse, an apology was supposed to fix the stitches in your head, the bullet holes in your windows or the nasty words spray painted on your vehicle.
Florida is the Bermuda triangle of the registry. Once you get sucked into its’ hold, you are never coming out of it.
If he could win in this case , could this have any implications as to other states that require you to stay on the registry after your original state has removed you.
Yes, it certainly would have positive implications if he wins, but remember the facts have to be the same (ex: (1) he has an out of state conviction, (2) he never lived in Florida, (3) he was only here for a brief vacation, (4) he’s off the registry in his home jurisdiction) for someone to argue that the same decision was made in his case. A win on any of the factors would certainly help someone that has one or more of the other facts.
It would be most helpful to be able to read the case pleadings … if at all possible.
Thank you.
For you to? Click the link in the post above.
Link is to Ex Post Facto Plus, no?
SOOOOOO SORRY!!! You are right! I need to slow down.
Attorney Valerie Jonas will wipe the floor with FDLE in court. Can’t wait to see the outcome of this.
Why state court and not Federal? Precedent rulings, e.g. 10th CCoA in Denver? Just curious about the strategy using a state court.
10th Circuit has not binding precedent here. We are in the 11th Circuit.
I plan a to Florida. My conviction was set aside/vacated after a post convention hearing. My sex offender registration requirement ended. Would I have to register if i stay for 7-10 days?
Sorry I meant a trip to Florida
If your conviction was set aside (you were exonerated), you may not. If your case was dismissed and the charges against you set aside, you technically don’t have a conviction. You should consult with an actual attorney, but if the charges were vacated I don’t see how you have an obligation to register.
Even if your conviction was set aside I still would advise not to travel to Florida. Your freedom is at stake and if you want to play with wolves that’s on you; however don’t ask for sympathy if some bizarre reason you are required to register in Florida down the road. Stay out of the state.
Brandon
I second the motion. So the motion to not visit Florida until major changes are made carries in the majority. All that agree say Aye!
Hello are registered sex offenders banned from going to Disney . Can someone please tell me there experience and what we should expect if we plan a vacation there .
The cases I’ve read about were annual passholders, but there’s no guarantee that this doesn’t apply to other guests.
If a background check is performed and match is found, the person is trespassed FOR LIFE from Walt Disney World.
Usually when someone’s trespassed from WDW, it doesn’t apply to other Disney properties such as Disneyland – but if you’re trespassed, be sure to carefully read the piece of paper to make sure you understand its scope, as violating the trespass may lead to arrest without further warning. There’s no guarantee that other Disney properties won’t run their own background checks, which could result in being trespassed from those properties.
Interestingly enough, over at Tokyo Disney Resort, they have a policy that yakuza members won’t be admitted – I’d assume that it’s enforced in a similar manner and the person gets trespassed from there.