Great Decision: Butts County Sheriff’s Halloween Signs Violate the First Amendment.
A great decision just out from the 11th Circuit Court of Appeals (FLORIDA’S CIRCUIT 🙂 ). The signs Butts County (Georgia) Sheriff posted in front of registrant’s homes right before Halloween are compelled speech and violate the First Amendment.
This is a great decision, for multiple reasons. First, it’s in our circuit, so it’s binding precedent. Second, many municipalities in Florida have similar ordinances, which are now ripe for challenge. And Third, because it raises a viable argument against other forms of compelled speech all Florida registrants are subject to, such as branded driver’s license.
You can read the decision here: Butts County Order 11th Circuit
Cherokee, I live in Orange County (FL) and have never had that problem. But I live in a private complex with many other residents (most of whom know my status because of a nosey neighbor). So, maybe OCSO can’t post on my door since it also belong to other people on private property? Seems the 11th Circuit ruling puts a major damper on such policing. Also, just a fyi, Sheriff John Mina’s own brother is a convicted child rapist, currently in Florida DOC.
Nassau Co is placing horrible signs in the yards of people designated as a predator. There is a minority that does re-offend, but research shows that most do not. There are minors who are victims of far more heinous assaults from domestic violence than some of the acts that can get a person labeled as a predator. I am not saying all cases, but there have been some cases.
Nassau Co is carefully placing these signs in the right of way, claiming this makes the placement legal.
https://www.firstcoastnews.com/video/news/local/nassau-county-sheriffs-office-placing-signs-outside-homes-of-sexual-predators-ahead-of-halloween/77-8296744
The new opinion raises two questions pertinent to Nassau:
1. Who, under Florida law, may post signs in a public right-of-way? Not the sheriff, if it’s anything like Georgia law.
2. Who owns, in fee, the land underlying the right of way where the sign is posted, and who owns the easement? Does the predator own either one? They are both property interests.
I recall that Bradford county does this also.
I believe that Bradford posts the big red signs in the yards of anyone forced to bear the label of predator all year long — not just Halloween. The sheriff did it because he said that a lady wanted to know who the “predators” were. So why not refer her to the FDLE website?
Media
The county took me to court because I did not mow the easement. The judge threw out the suit but stated the land owner does own the easement, however Utilities can be put there without your permission. A sign is NOT a utility.
Look at your property survey if you own land, it will show you that most of the time, you pay taxes on even the easement from the sidewalk to the street.
How do you think people are allowed to put a mailbox, flowers, trash cans etc on the easement? You own it, at least everywhere I have lived in Florida.
Of course, as we all know, so many places have different rules and laws. This is just my experience and research and fight I had with the county.
Oh I forgot the most important thing (Concerning Orange county Florida)
When I live in Orange County, If you were not home, the deputies hang a large Bright Yellow Door tag on your door that read SEX OFFENDER. Every time you are not home, they hang it on your door until they can catch you home.
I imagine that is worse than the Halloween signs since the holiday is one time per year. This is done 365 days a year since they have so many registered in Orange county, many who get 4 address checks per year.
My point is, this was causing me more issues with my neighbors since I am not required to notify my neighbors. The deputy told me “Well be home when I check on you and I won’t hang it on your door”. I said “Well call when you are coming and I will be home” and he said “Not going to happen”.
Yeah so I left for good.
Last year I emailed a copy of the door hanger as I have a stack of them I keep as evidence of the harassment when I go to court next year.
CherokeeJack
As a former cop, you should know if your not on probation you need to stay at home at all times, so you can be checked on. Just remember to stay home and that it’s not punishment.
Cherokee, I live in Orange County (FL) and have never had that problem. But I live in a private complex with many other residents (most of whom know my status because of a nosey neighbor). So, maybe OCSO can’t post on my door since it also belong to other people on private property? Seems the 11th Circuit ruling puts a major damper on such policing. Also, just a fyi, Sheriff John Mina’s own brother is a convicted child rapist, currently in Florida DOC.
Not an animal
FAC last year ask to see the sign and I email it to them. I would like that added to any compelled speech lawsuit. Tired of getting those on my door. He has my phone #, all he has to do is call and ask a time I can be home.
That was one of the reasons I moved, I got a stack on those yellow warning signs on my door. If FAC would post it, I would email them it again.
If one can not be compelled or forced to use signage such as the Halloween law. Wouldn’t the same be true for ordinances that stop any decorations of ones residence for special occasions or holidays?
Forced silence with threat of arrest is also compelled speech.
This would be a really good time to write letters to Merrick Garland to ease or remove the registry. Since the laws never went to Congress control over the laws is strictly in the hands of the DOJ. If only we could get 800,000 plus letters to Merrick Garland.
Im a wife, a nurse and a woman of faith. I am married to a wonderful husband that was in the registry for 20 yrs who had raised my daughters since they were 4 years old. I find these laws very harsh. My Husband is great man who always put his family in first place, my husband has only 1 offense from 1997 for indicent assault and battery with a 17 yr old female who lied about her age, they both had a relationship but everything was consensual, it was the mother who intervine, anyways to make story short, I was not with him when this happen, when we met he told me all about it as soon as we had met, he never lied he was honest about this whole situation that happened. Im hurting cause he no longer register he completed 20 yrs of registration in Massachussetts and Rhode Island and now we was planning to move to Florida, since I have family in the sunshine state who would like for us to move down there, I had alot of plans and dreams and now I am very overwhelm about this whole situation with Florida’s laws because im not sure if he will have to register after he had finish his 20yrs sentence. He was level 1. I hope this laws change because it will be sad to make a move and his business being put out there, after he had finish doing his time. As a wife and a mother this really hurts I would not like for my kids to ever find out about this because this really hurts knowing that they know how good of a father and great man my husband is. I have to live with this for the rest of my life, it really breaks my heart. I could understand that there is alot of evil and bad people out there, but what we are going thru is an unjustice towards human beings, specially by putting people faces and pictures out too, if some one finish there time and did the right thing, give them a break and chance, not every sex ofender is a bad person what a horrible and terrifying system, and today I will be part of this committee. Hope this Laws change.
Gloria, thank you for this. I encourage you to stay involved in the fight.
Gloria
From what I have heard from visitors on here, even if they were off the registry in their state and came for a visit in Florida, they had to register once they got here and were/are on the registry here for life.
I am not a lawyer but I have even talked to lawyers who said they cannot even keep up with Florida’s ever changing, confusing and immoral punishments. Best to do a lot of research before moving here. Since he is already free of the registry you are stuck between a wall. I have relatives I will probably never see again because I do not want to travel someone and end up in jail for ignorance of the law.
Attorney Ron Kleiner can keep up with the changes as far as Florida is concerned. I’m working with him currently on a petition. He knows his stuff. I highly recommend him for anything related to the registry.
Pariah
I am not sure if it was you, but someone told me about him a few months back. I have him on speed dial thanks 🙂
Something needs to be done in the system, and the sadest part is that other states dont behave that way, but just Florida, Why Florida? SMH The best way to achieve Justice is to expose injustice and that’s my dream that one day this harsh laws could change for ever, not every person you see on the system is a predator. Its very sad that my husband has to deal with depression for 20 yrs all because of false accusations, My heart breaks cause im a wife and a mother who have to live with this pain, hope one day this all gets resolves.
Gloria
The only thing I can think of was something I was told when I worked in Law enforcement. Of course back then there was no registry. But they use to tell us that because Florida is such a huge tourist draw, we have to make sure everyone knows we do not tolerate crime here. The worst case scenario was for a tourist to get attacked, robbed etc and get all over the news that Florida is not safe for tourist.
Thus, stating that, perhaps they are doing the same thing with the registry and those on it, being tougher than what is expected. Having said that, then why have so many on the registry? That would scare anyone away.
Cherokeejack,
I know is very tough, keep the faith.
Gloria
My heart goes out to you and all family members/friends of registrants. Florida is a tough nut to crack with ever increasing harsher laws and restrictions on registrants. Right now I believe that writing, calling, and speaking to legislators telling them to oppose ridiculous bills. Hopefully Smith vs Doe gets overturned calling the registry what is punishment!!! We are all in this together. Never give up, never give in, and always keep the faith!!
Brandon
Your last line reminds me of this
“Never, never, never give up.”
Winston Churchill
CherokeeJack
I never like to be Nobel on a Friday, yet I want registrants and loved ones to get motivated and involved. Can’t plant a garden looking at the seeds you have to get your hands dirty
Brandon, how can I write or call to speak to legislators so I could tell them to oppose this ridiculous bills, Im willing to fight Im ready for this ⚖️ something needs to get done. 22 yrs have passed and still the same oh thing, we all have to be together in this and fight for what’s right.
Gloria, contact membership@floridaactioncommittee.org and let Anita know you want to get involved.
Gloria, FAC will post calls of action with those to contact. Sometimes they provide a template, but always make it your own. Tell legislators that you oppose a bill and how it would impact you. Nobody should be impacted for life especially for something they did in the past.
I find it interesting that if you leave Florida, they demand that you follow their rules yet at the same time when someone from another state moves to Florida, they refuse to honor the previous states rules and mandate Florida rules. I’ve met tier 1 people who no longer had to register in a state but were arrested in Florida because they didn’t register here.