HUGE NEWS: Lawsuit Challenges Brevard County Ordinance Prohibiting People on Sex Offender Registry from Attending County Commission Meetings as Unconstitutional
The Florida Justice Institute (FJI), in partnership with Brevard County attorney Jessica J. Travis of DefendBrevard.com, filed a lawsuit challenging a Brevard County ordinance that prohibits people on the sex offender registry from attending County Commission meetings at the County Government Center in Viera, Florida. The ordinance prohibits the Plaintiffs, and all registered offenders, from being within 1000 feet of a school, daycare center, park, or playground. The County Government building is within 1000 feet of a school, and therefore the Plaintiffs are prohibited from entering the building to attend public meetings. The lawsuit alleges that this prohibition violates the Plaintiffs’ First Amendment right to free speech and to petition for redress of grievances, and also violates Florida’s Government in the Sunshine law by holding a public meeting that is not fully open to the public. Plaintiffs are also seeking an immediate preliminary injunction to end enforcement of the unconstitutional ordinance so they are permitted to attend future meetings.
The Plaintiffs are Vincent Rinaldi, Charles Munsey, and Charles Violi. They are longtime residents and homeowners of Brevard County who long ago completed all aspects of their criminal sentences. They are active in civil affairs but cannot attend county government meetings and speak directly to their representatives on any topic.
“Everyone has a right to attend county government meetings and speak to their elected representatives in public,” said Ray Taseff, lead attorney with the Florida Justice Institute. “The County cannot restrict this right to an entire class of persons based on past crimes.”
The Complaint explains how the Plaintiffs were prohibited from attending a County Commission meeting to speak about a proposed law that was particularly important to them: an amendment to the ordinance that imposed even more restrictions on where registered offenders are permitted to be. In the summer of 2020, the County Commission considered and passed this amendment, and yet the people most affected by it—the Plaintiffs and all registered offenders—were not permitted to attend the meetings to offer their views. The County Commission was notified that people who would be affected wanted to be heard, but the Brevard County Sheriff’s Department had advised that attending the meeting would place registered offenders in violation of the ordinance. The County Commission passed the amended ordinance without hearing directly from one affected person at the meeting.
“This law distorts the democratic process by silencing the voices of people whom the County doesn’t like,” said Jessica J. Travis, one of the Plaintiffs’ attorneys. “But the First Amendment and the Florida Sunshine laws demand more transparency.”
Read the pleadings:
Heartfelt appreciation to the brave, committed registrants!!!!!!!! Inspiring!!!
And shoutout thanks to FJI and Jessica J. Travis!!!!
I am not a lawyer, and this is not directly connected, but as I read into the Motion for Preliminary Injunction the following jumped out at me:
“Courts use the “forum analysis” to determine the legality of restrictions on private speech occurring on government property. Broadly speaking, the Supreme Court has recognized four categories of government fora: the traditional public forum, the designated public forum, the limited public forum, and the nonpublic forum.” Walker v. Tex. Div., Sons of Confederate Veterans, Inc., 576 U.S. 200, 215-216 (2015).
How does Facebook liberal ban fall into this definition? Most every private institution, public institution, news, and government entity uses FB as a means to communicate to the public. And it is assumed the use of FB is an unfiltered, open forum for ALL to enjoy.
As anyone on the Registry knows, FB prohibits our inclusion. Any thoughts?
I am no fan of Mark Zuckerberg and his Facebook, but I will give them credit as I recall this from when I lived in Connecticut at the time: At the time, CT Attorney General Richard Blumenthal (D) (before he became a senator) pushed FB to go through their data base and match names to the names on the SOR and remove them. At first, FB refused. But good ol’ Dick threatened them with his typical (and commonly known) law suits (the man sued damn near anyone for any reason) and that’s when they caved. Now they’ve made it their rule.
At the time, I was on the registry and had a FB page. Once Blumenthal made his move against FB, gone went my FB account.
Maestro
Exactly why they make you register all your social media. So they can get you banned from them. (My opinion)
But they seem to go hand in hand.
Maybe I am lucky but I also know other Registrants who are on Facebook and for many years. I have never been denied access or kicked from a Website/App for my Registration. I do report them all to be safe. I am not but I also know some on Match and other Dating sites with no issues. The biggest pain online I believe is Nextdoor who often has wrong Info. I have even seen wrong Mugshots and charges not even for the right person. How about a Lawsuit we can fund against Nextdoor?
Anonymous
FAC once told me we can barely fund the lawsuits we have. And even if we sued nextdoor, the next, latest and greatest website could turn around and do the same thing. Plus the courts I believe have already rules the information they post is “public” information.
Having said that, if we found some dirt on a judge that was true, and posted that online, I bet your bottom dollar that judge would sue us until we bleed money.
And as far as suing for banning us, we are banned or kicked off of numerous sites and I have yet to see anyone win that one. I was once kicked off of ebay for giving a true and fair negative feedback on someone. I fought for 6 months to get back my account with no resolve.
Anonymous
Do you use your real name and email for Facebook? Crazy how we are banned from what has become the public square of the 21st century. People have no issues with having interactions involving other criminals; however sex makes society go eww. Societal norms change human behavior doesn’t and no amount of laws will change or prevent human behavior involving sex.
Wish they would have challenged the entire ordinances constitutionality and not just for this one circumstance.
I agree Jed! I don’t even understand how such an ordinance can be deemed constitutional. I mean they are literally banning people from coming within a set distance to common public access ways, roads, buildings, businesses, etc. This is literally taking away their right to commerce, the right to simply shop, the right to State roadways, the right to free movement, the right to do business, etc. What other State even has such an ordinance? I mean even the Federal government hasn’t even gone so far as to implement such a travesty! Florida is such a load of crap, and that county is the biggest load of all. I would try for the Florida supreme court when this pans out however it goes!
If the lawsuit is successful and it is determined that the county commission has been essentially meeting illegally — in violation of Florida’s open meetings law by preventing certain people from attending their meetings — could that call into question the validity of any and all action taken by the commission during those meetings?
Yes
ML
There was just a story posted online about two officials who were fired and arrested for SunShine law violations. (MODERATOR: LACKING SOURCE)
Thanks I had the link the other day but was told you cannot post links in the comment section.
But here is my Proof
https://www.villages-news.com/2021/12/15/sumter-county-commissioners-facing-perjury-charges-contend-truth-will-come-out/
Let’s go Capt and the rest of the registrants of Brevard!!! Good luck and I’m rooting for success from Maryland!! Let freedom spread to the other countries in Florida and for Tallahassee to butt out of registrants’ lives.
Brandon
I know it was a typo when you typed that there are countries inside of Florida but gave me a chuckle. The reason is, parts of Florida do seem like a foreign country. Nothing at all against any group of people, just some areas have become melting pots of other cultures, like Miami for instance. It is unrecognizable from what I knew back in the 1960s as a boy. At that time it was the Malibu of the East.
CherokeeJack
Oh boy I just noticed the typo I swore I wrote counties. I did state I’m not the greatest writer ; but I’m not afraid to state my opinion and defend it. Not against a melting pot because American mentally of ignorance needs to be boiled like a frog and take a flying leap into acceptance, common sense, critical thinking, and accountability.
Good. Best of luck.
Hurray!!!!!
Very Nice, Bob (et al.)!