Federal Case Challenges SORNA on Due Process and ADA violations
In the US District Court in the Eastern District of Louisiana, Greenwald v Cantrell, et al poses fascinating, real world challenges to the unending limits of SORNA.
The individual involved is a PFR who suffers from seizures to such extent that she has been declared to be an “unrestorable incompetent.” This health condition caused her to be unable to grasp her registration requirements. Repeated failures to register led to repeated arrests with no relief from repeating the same in the future.
The Defendants included officials from the City of New Orleans and the State of Louisiana tasked with administering SORNA in the city. The discretion these individuals use to not prosecute homeless registered peoples is being challenged when it is decidedly not used in choosing to aggressively prosecute an individual incapable of understanding their registration obligations.
The plaintiff filed suit seeking relief and damages. Her claims for damages failed and some relief claims failed with prejudice. Her claim of substantive due process failure was granted. On appeal from the Defendants, the plaintiff restated their request to continue to fight for a procedural due process claim; her substantive due process claim and; she amended the complaint to add an ADA (Americans With Disabilities Act) claim. The ADA claim was granted owing to the fact accommodations for this condition are required but have been rigidly rejected by the defendants..
SORNA challenges with 5th and 12th amendment claims and potentially seeing it fall under ADA requirements demonstrate that it cannot remain ring fenced from the Constitution and other federal laws.
The government needs to scrap Federal SORNA (and all registries!). It’s such a mess that even the government’s own lawyers cannot make any decisive sense if it (as noted in the Hearings on the PLF’s SORNA lawsuit in California wherein the government’s lawyer could not provide a clear answer to the judge when asked to whom a specific SORNA requirement would apply. The USDOJ’s attorney resorted to “Well, the Registrants themselves will know if it applied to them.”
The judge was NOT very happy with that ridiculous [non]answer. 😒
If this is true, Then those “Forced to Register” Can simply claim that they “Didn’t know, Because the Laws arent VERY CLEAR” And this could also be used to “Discredit the Registry” Even more !!!. But like many have said, It’s ALL ABOUT THE MONEY AND EGOS so why should it “Bother Those in Power” it’s NOT their Money that’s wasted fighting the UNCONSTITUTIONAL LAWS AND CONDITIONS of the Registry!!. It’s Sad that we TAX PAYERS actually PAY FOR OUR GOVERNMENT TO VIOLATE OUR RIGHTS !!!. Since when and IF a Lawsuit is won, The money doesn’t come out of “Their” Pockets!! It comes from US TAX PAYERS !! Our Government will spend $100K to CONVICT SOMEONE of “Jaywalking” because they don’t pay ANYTHING to do it !! They have UNLIMITED FUNDS, While “We The People” only have what’s in our Bank Account/Savings or what we can Beg, Borrow or Steal !!!. They (our Government) DON’T CARE !!.
If I were the judge, I’d have asked that DOJ lawyer how he could ethically prosecute (or even identify) violations for that specific SORNA requirement if he wasn’t aware of who it applied to. And how they could prosecute at all if registrants themselves were the authority on whether registration was required or not.
Here’s a stupid thought: If she is mentally disabled enough to comply with registry requirements, doesn’t it stand to reason that she is mentally disabled enough not to commit another sex crime and therefore not a threat? Isn’t that the supposed purpose of the registry – to notify the public of potential threats?
But let’s be honest. This case helps show that the registry has absolutely nothing to do with community safety or the prevention of sex crime. This woman’s circumstance is all about the state parading around like idiots to show SORNA compliance and inflate the egos of a few local LE officers fluffing their arrest statistics with more felonies. (Side note – I don’t think it’s coincidence that the registry units of larger LE organizations are staffed with those that were miserable failures in other departments, unable to meet fitness requirements, or otherwise “problem” officers)
With this being Federal case doest’t it have over lapping importance since if she wins in Louisiana on the American with Disability Act claim that would mean since one person is challenging the American with Disability Act every person should qualify as well who face a disability So would a local decision immediately affect a federal law? Or would Louisiana only recognize the injury and then would have to appeal to the 5th and so on?
Seems like a win on American with Disability claim would be huge on the Discrimination front. Since by federal law it post it is illegal to discriminate based on sex, race and national origin, disabilities, etc..
@Eugene
I’d have to agree w/you on a verdict in her favor here since it is Federal.
From one legal mess to another.
The AG continues to play ‘Whack-a-mole’.
You would think he would get tired of playing it.
The US AG has created a monster so huge that even those who choose close their eyes still see it!
Looks to me like one step forward and three steps back. The dance goes on. And nobody can keep time with the music because it’s to erratic and nobody can make any sense out of it.
There is nothing “civil” about an open-ended imposition that keeps your life and future in the perpetual jeopardy.
How is SORNA not a form of abuse, neglect, torture and terrorism?
It is indeed the most barbaric mental torture I can think of. The only thing worse is physical torture. I feel isolated more each year, less and less confident, more disbelief that it is allowed mainly only in this country to a barbaric extent, anxious, depressed, ostracized, not able to trust, embarrassed to show my license, etc etc. But I have been told to be thankful I have a roof over my head. I am thankful for that.
You’re not alone Skip. I feel the same as you. One day at a time…….
@Skip
“But I have been told to be thankful I have a roof over my head.”
Slaves also had roofs over their heads. They were also made to feel “thankful” and docile by making them believe “things could be worse.”
@Facts
Just think and dwell on this idea. If they started putting every crime on some sort of registry, the entire United states (That is funny typing that as we are NOT united) would be burned to the ground. That is why they have not moved forward with more registries. (My opinion)
I googled this from the internet so only going by the citation given: “One in three American adults have been arrested or convicted of a crime at some point in their lives”.
Of course, on the bright side (a side that I rarely see), as more and more registries get created, those who must register as sex offenders would not be subject to as much public ridicule and hatred. Being on a registry would become more of the norm.
To kind of nicely counter that, most people already have murderers, theives, robbers, car jackers and other criminals and ex-offenders on their streets and do not care as long as they are left alone.
We are known as the scourge of America and many would not flinch or shed a single tear if we were to be executed in mass.
And there is already a murder registry in Florida but it is made private only for law enforcement. There is also an animal abuse registry in some Florida areas and cops do not go to their houses to check on compliance.
I have had several serious incidents at my home from neighbors and distant neighbors and police won’t come, they just make me do an online report which I had to do a few months back when someone pretended to be a cop and attempted to get me to come meet them somewhere. I said “Naw bro, come get me, I will be ready for ya”. Cherokee Strong!
Are we living in North Korea? Sometimes it seems like it, at least for some citizens of the “Supposed” greatest country in the world.
I have been saying on here for years that more registries are coming and Florida did not disappoint. For 2024, law enforcement now has a special needs person registry.
The first thing you will see is this message:
Welcome to the Florida Special Needs Registry
I am sure more registries are on the way and eventually everyone will have to register for something. Gun owners, anyone who owns over a certain amount of money etc etc
https://snr.flhealthresponse.com/
Here is a better link to the story that explains more.
https://www.thenewcivilrightsmovement.com/2023/12/florida-to-launch-special-persons-registry-next-week-to-help-cops-treat-disabled-people-better/
Yes. We have been the guinea pigs whose registry requirement was easily justifiable to the public, to keep the masses from panicking about privacy violations, etc. It will now be easier to start sneaking in other types of registries, from both the legal and the practical perspectives. And AI will enforce them.
Justice in its simple form is to set things right. Justice is protecting those that can’t protect themselves or serving to prevent a crime from happening. Much of this registry is more of a perverting of justice in creating a type of crime situation with a sexual twist to it and oppresses many.
When anyone is “forced” or enticed with a type of come on than it is unjust and unbalanced in many prospective. Many should know right from wrong . Their are moral standards to everything. Even due process is a moral standard. Using the “its for public safety” clause is to justify their unethical actions.