Great News! Ex Post Facto II moves forward
Ex Post Facto II will move forward!!!
The below Order just came down from the Northern District of Florida. It says it’s partially granting the defendant’s motion to dismiss (which sounds like it’s bad), but that means that other parts of the motion to dismiss were denied and the case will move forward. The court has set a scheduling order, with a trial date set for January 17, 2023.
The main issue that the court will proceed forward on is the three-day travel requirement, which the Court agreed was absurd. This is also great news as the legislature is currently trying to reduce that even further to three “parts of a day” or 24 hours for vacation rentals!
Separately, the Court denied the Plaintiff’s motion to proceed anonymously, so unfortunately she will not be able to proceed under the Jane Doe pseudonym. We need to do our best to encourage and protect this brave individual who is fighting for all of us.
We will do a more comprehensive analysis of the Order short, but in the interest of time wanted to share it with you quickly.
I regret I was a party to the failed Doe vs Moore which basically set horrible case law. Thank you to the lawyers I hired.
I have read numerous filings for civil rights and they all labeled each allegation “cause of action 1”, “cause of action 2”, “cause of action 3” I asked the lawyers to do that and they said it was not necessary.
So it was easy for the judge to dismiss it based on the defendants claim that there was a failure to state a cause of action.
I hope this lawyer working on the specifically high lights each allegation with the words “Cause of action #”.
If they don’t, this case will be also likely be dismissed for “failure to state a cause of action”. It is a lot harder for the judge to agree with the defendant’s if the allegations are titled “Cause of action #”
The judge has also pretty much showed his hand when he failed to let the case go on anonymously. There is no harm to the state to let it proceed as a pseudonym, however there is great harm to the plaintiff. Even in Doe vs Moore the judge allowed the plaintiffs to remain as Doe. This judge is already sticking it to the plaintiff.
My hopes are not high :(.
uhhhh…. It wasn’t dismissed. It’s proceeding.
Also, the same judge ruled that the plaintiffs in the internet identifier challenge could not proceed anonymously and that was a huge win.
I’m not really sure I agree with your comment… any part of it.
I was referring to the Doe vs Moore case being dismissed not this one.
Regarding anonymity, the only reason the state fights it is to further humiliate the plaintiff, hoping they will not want to continue. This judge unnecessary supports that strategy.
And i am sorry, but how was the internet identifier case a huge win?
https://floridaactioncommittee.org/disappointing-decision-in-internet-identifier-case/
We still must register the identifiers and the FDLE can still make the list available to the public. Nothing changed at all. The only (essentially non) win was that names could not be given with the email address, which they were not providing before anyway. Before the case the FDLE was not providing names linked with the email addresses, but they were and still are providing inquires to the list of registered emails so websites like facebook can deny access, which still inhibits free speech.
The only win in the internet identifier case was for the defense in that they got to humiliate the plaintiff by outing them publicly. The registrants gained literally zero.
Wasnāt the indentifiers case the one where the Judge strictly defined what social media was and that it had to be a situation where there was direct user to user. For example this site is not direct user to user. Also just having the identifiers does not trigger reporting itās use it what triggers. For a lot of this craziness itās more about the lack of clarity than the rule. The definition of day for example is horrible, what to do if you need to rent a car at 5 on a Thursday night and your office doesnāt open until the following Tuesday but you returned it Monday. Idk
I do not know. I only know that in the year 2022 things can change drastically. The Fl outlook on punishment can be found in this documentary. https://youtu.be/2h3wu2zHTB0 . It is in it’s roots to be over-punished. It can change now possibly. I was in that area constantly as a young kid. It’s just downright depressing, and I was threatened that I would be there one day the way I was acting as a kid.
When I lived in Florida I would have to give my flight information and where I was staying out of state for over 3 days. Does the state think Iām going rogue by saying Iām leaving and Iāll really be bushes lurking? Florida really is the hanging chad and itās proof the state has gone mad!!
Once again, lawyers have failed to impart onto the judges that sex offender laws and registration laws are punishment (a fact as clear as the sky is blue). Interesting that the judge can so clearly determine that in person reporting for a three day trip are “punishment and meant to discourage sex offenders from traveling at all,” but apparently isn’t willing to deem the entire scheme of sex offender registration and notification as punitive. One wonders what causes such a dichotomous view on this issue. Professor Catherine Carpenter suggests the reason is simple “animous.”
No judge is going to opine, āany provision of any registry scheme is punishment no matter what.ā
Thatās why we see fewer constitutional challenges against the registry schemes of, say, Vermont, Massachusetts, Oregon.
Doesnāt Massachusetts have a Supreme Court Justice who believes the registry is punishment?
See court opinions and dissents that said it is, e.g., Judge Matsch, et al
rpsabq
OR, the judge is saving face and doesn’t want to be known as the judge who ended the sex registry. However, in giving us “Something” they did say parts were punishment which can be a lead in to other parts of it taken down. Having to go get a new mug shot basically every time we registry is total bull crap, oh along with all of it really.
Judges should follow the law and the constitution they took an oath to. If they follow public opinion and their own emotions they are unfit to wear a robe and apply at lost luggage at the local airport.
Brandon
Nooooooooo
Have you ever been to lost luggage? if you have you know that if you sent bad judges there, all they would do is “Judge” you and tell you that you should have paid more for better luggage. LOL
CherokeeJack
I donāt want them working at the power plant my lights would be out all the time just like theirs. Maybe they can be your security guards.
Can someone explain why they wouldn’t let her proceed anonymously? Especially a woman who’s on the registry. They know the harassment is real and can be very costly. What would it hurt for her to be anonymous?
I completely agree, Pariah. What harm would impact respondents by allowing Jane Doe to remain anonymous. This seems tome tobe a blatant attempt to pressure her into dropping the case. Judges are asses. š”
I have a question regarding the 3 day and especially the 1day ruling. Iām a veteran and I go to the Tampa VA hospital which is in Hillsborough county I live in Lakeland in Polk county. I have been admitted to the hospital at least once a year if not more with a stay of at least 3 days. I let the detective in charge know if Iām admitted for more than 3 days. What does the change do to me reporting? Do I have to report anytime Iām admitted?
I am also a Veteran. I was admitted to the Naval Hospital here in Jacksonville for almost a month. YES I had to report to my POC at the Registry Office the Naval Hospital was a temporary residence.
I was transferred to Brooks Rehab (inpatient) also here in Jacksonville and as required, shared this location as my temporary residence. I was supposed to be there for at least 14 to 45 days. I was admitted on a Friday after hours, Monday was a holiday and Tuesday my POC at the Registry Office was notified of my change. On Thursday at 9 am, I was notified I was being discharged to home. (I am sure that my including Brooks as a temporary residence was the base line of my premature discharge). Again, my POC at the Registry Office was notified.
On Monday, I went into the Naval Hospital to see my primary care DR and he said “You are worse off now than you were when you were discharged from our hospital” and I was immediately placed inpatient in the ICU for another week or so. Yes my POC was notified of the new status of my temporary residence.
This went on from Dec 2016 until some point in 2018 when my need to be placed inpatient was no longer needed. Yes I had to call/text my POC at the Registry Office to provide them updates. Yes a few times they were “You need to come into the office to update your status” until they realized that would place my life in jeopardy and waived that foolish requirement.
Brooks Rehab and the Naval Hospital both remained on my registry as temporary housing for a long time… I think until 2020.
My only saving grace is, I have my detective who understands I am trying to follow the rules and he works with me. He also understands I have little control over when I get admitted to or discharged from a medical facility. My advice, try to find your advocate in your local Registry Office. Someone who you can text when/if things outside your control happen. Good luck.