Georgia sex offenders take fight over ‘no-trick-or-treat’ warning signs to 11th Circuit
[FAC NOTE: WE are in the 11th Circuit. A win here is a win for Duval County and the others that have this absurd law]
A group of registered sex offenders have asked the appeals court to overturn a federal judge’s ruling in favor of a sheriff’s office that posted signs telling trick-or-treaters to keep away from the offenders’ homes on Halloween.
A class of registered sex offenders asked an 11th Circuit panel Friday to overturn a federal judge’s ruling allowing Georgia sheriff’s deputies to put warning signs on their lawns before Halloween.
The Butts County Sheriff’s Office has argued in legal briefs that it was merely trying to protect “unwary trick-or-treating children from coming face-to-face with sex offenders” when it began a policy in 2018 of putting signs in front of the homes of every registered sex offender in the county.
An attorney for the plaintiffs told a three-judge panel of the Atlanta-based appeals court Friday that the sheriff’s office “turned one of their most important rights on its head” by forcing them “to bear [the sheriff’s] opinion on their lawns.”
But attorneys for the sheriff’s office say the signs convey government speech, which is not subject to regulation under the First Amendment.
I guess I would be a pissed off Sheriff’s as well, if I was the top dog in a county named “BUTTS”. Don’t put that on your Resume’.
What’s the justification for a sign near someone’s property, so what’s the point of the registry? I thought Halloween was like Christmas for registrants to lurk behind bushes and hand out candy to lure children. Only time a kid was killed on Halloween was in 1973 by someone not on a registry and known to the victim. Where are signs of those with DUI and reckless driving convictions? If only those properties had signs cause kids are more likely to get hit by a car than getting molested or raped!!
Brandon
I always got beat up and had my candy taken. So one year I walked around with a pillow case filled with dog crap. They ran down the street after grabbing my bag and reached in to get the candy while mocking me. Hope they liked chocolate. Needless to say, I had to run for my life but it was worth it as I laughed all the way home LOL
We moved the next year (Dad was in the service and was retiring) so that was the end of that.
Duval county’s law is a clear violation of the first ammendment concerning religious freedom. The verbiage of the statute says any “nationally recognized holiday”. So no Christmas, Hanukkah, Easter etc decorations on the outside of the residence. Having a manger scene,, or a menorah in the window would be grounds for arrest. I honestly don’t know how this has never been challenged. And as far as Halloween, the porch lights being turned off should be sufficient as a deterrent, period. It works for anyone else who isn’t on the registry, should be no different for one who is.
May not be a violation of the 1st amendment, but is clearly a violation of personal property. To place something on one’s property for which is not your own, can violate civil laws.
I am sure they put them on the public right of way. Which is about 33 feet from the center of the road. Most people don’t actually own half of “their” front yard. Watch YouTube “first amendment audits” for some info.
Jack
When I worked in law enforcement, I had to go to fights between the city and the homeowners all the time. You own and maintain all of your property. However, by law, parts of it, mostly the medium strip between the sidewalk and street, can be used by the city, county etc to place utilities and such.
Try not mowing that strip you think you do not own. Either your HOA or your city can fine you for not maintaining “YOUR” yard.
Also look at the official survey document from your sale. It shows what you own and any easements. I had a neighbor have an A/C unit installed half way into my yard. I called code enforcement when they wouldn’t correct it and come to find out, they never got a permit. They got a huge fine and had to have the A/C moved from my property. They tried to argue the property between our houses was public domain.
Jack
Also with your thinking, I could come to your grass strip on the street in front of your house and put a for sale sign, a yard sale sign or Elect Jack (Both of us are named Jack) for Mayor.
I am sure you would immediately take it down would you not?
And even if the signs themselves were not illegal, the labeling of human beings that have done their time with hateful signs is actual sick. Whoever came up with that should have a sign put in their yard that I am sure I am not allowed to type on here and would get “me mouth washed out with soap by me Mum”.
It seems there is a lot of debate between these judges.
What is the punishment if registrants remove the signs from their property? I hope that the plaintiffs win. All this makes me wish I had studied law in college.
BWJ
I don’t know the fine but if you remove one, I will give you a Trophy lol
I wasn’t trying to play truth or dare here, but I would keep removing anything placed in my yard. And I keep telling myself that I am grateful for leaving Florida.
BWJ
it is a trap anyway. If you leave it, your house , cars and property might get vandalized. People driving by would post it on social media etc.
But if you remove it, you face jail time. I guess I would wait until they left and “Accidently” run over it with my car, then pick it up when no one is looking and tear it up , put it in a bag, and drop it in a dumpster far away from my house.
And since our cameras are self monitored, I wiped the hard drive each day once I know no hoodwinks and shenanigans have taken place.
Many years back, Before FAC existed, I saw a news cast of someone who was a recently released sex offender. The neighbors got together and put up a huge 4 x 8 plywood sign that read something to the effect of “Caution, sex offender lives on this street”.
Eventually the city made them take it down as they did not have a permit, but it worked anyway as the person moved, as did his ENTIRE family who had lived there, their entire lives. Neighbors turning on neighbors. Niceeeeeeeee
Yea stuff like neighborhood shaming continues. I find it especially troubling when notification is designed to incite fear. Which I guess is what the signs are intended. If a sign ever did show up I would perform an act of civil disobedience. Actually I wish I could perform a Harper Valley PTA and return the favor.
I’d erect a 4 x 8 sign with, “ So much for love thy neighbor, Hypocrites!!” I’d have flashing lights around it.
Brandon
I think you did not buy the new progressive standard modern updated edition of the Bible of the church the revolving door.
It says “Love they neighbor, unless they are a sex offender”.
Another verse reads “Forgive those except those who are on the registry”
(So I don’t get called out, I am being facetious)
CherokeeJack
Church of the Revolving Door, so what’s their Cross? Photos of revolving doors at malls, hotels, and other places where all are welcomed with a sign, “ not if you are one of them.” Church of the revolving door can kick the curb, sit in a landfill, and I can continue my life with revolving options.
I’d be more concerned what happened if you set a sign on fire. Wouldn’t that be destroying government property? I’d erect a sign with the registry doesn’t protect you, abuse happens between those you know. Burn baby burn your registry signs on fire!!
BWJ
I just thought of something, somewhat brilliant. Recently FAC posted a story of someone who took their case to court over scratching “Sex offender” off of their driver’s license. He won I do believe. Couldn’t whatever logic or strategy that lawyer used to win, be applied to sign case as well? Very similar as they both are meant to further embarrass us, shame us, and dare I say, punish us.
Brandon
Or replace your picture on the sign with that of the sheriff of that county LOL
You would be in big dookie but might be worth it. I think even the judge might get a laugh and our attorneys would say ” Now you see how the registrants feel”.
CherokeeJack
Sheriff Long wants to be a pain the butt with these signs, so why not be a pain in his. My name is and I’m a pain in the butt for Butt County!!
Didn’t some Fl. counties put up red signs with a registrant’s name living on this street?