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:
Hallelujah!!!
This has been such a long time in coming!! Bob, Vinnie, and Charles, thank you so very much for being courageous enough to put yourselves out there for this.
Ironically the County Commission provided us the necessary standing for the suit to challenge this…. That made my morning coffee taste that much better.
I know that the scope must be kept very narrow and well defined but I have only a comment/observation.
When I started our house renovation project in the fall of 2020 my probation officer had to “turn a blind eye” for me to go to the county’s Building Dept. for plans review and permitting as it’s in the building immediately adjacent to the commissioner’s building.
Because the ordinance is so specifically and narrowly written as to what’s permissible activities within the exclusion area you can not go to a majority of the Clerk of Courts offices, or Tax Collector’s offices for your drivers license renewal or license plates, or anything to do with building or permitting.
Excited to see this!!!
How dumb a registrant can’t go to a government building to participate in dialogue with their government officials? How is that protecting their right to assemble and expression their views? Is the county that scared of those who oppose their ordinances? Their job is do the work on behalf of all the residents not just the ones they like.
Brandon
I just had a bit of a deep thought?
All Sheriff’s departments are County property so what if there was a school within 1000 feet of the sheriff’s office you register at? Then are you not in violation by your mere presence during your act of registration?
This has been an episode of “Deep Thoughts” by CherokeeJack. My Vegas show begins March 1st. 🙂
What? No Hard Rock Hotel and Casino shows here in Florida?
BWJ
If in Florida,Then I would have to register my show. I thought the saying in Vegas was “What happens in Vegas, stays in Vegas”? LOL
I used to live in Brevard County and moved away specifically because of this ordinance.
Most of you don’t seem to know that there ARE exceptions to where registrants can go under some of the conditions listed like sheriffs office, probation office, counselors, and things mandated by probation.
All they need to do to settle this lawsuit is ad one more sentence to this list of exceptions already in force, which really do nothing for the rest of the ordinance.
The rest of the draconian law will stay in affect. Like there is only two grocery stores you can shop at around Melbourne, and that is if you have a car and money for gas to get there.
I have no knowledge of ANY banks, few if any gas stations, no movies, no bars or clubs, or most any other places you can go other than the exceptions I will list below copied from the ordinance. I am shocked that the lawsuit did not go after the constitutionality of the entire ordinance, as many places a person MUST go to survive, especially if they don’t have a car or drivers license make it impossible to survive.
Specifically, the proximity restriction in §74-102(b) states as follows:
(b) Restriction of certain activities of sexual offenders and sexual predators. No
sexual offender or sexual predator shall enter into or remain within the 1,000-foot
buffer zone surrounding any school, daycare center, park or playground except to:
(1) Attend a scheduled interview or meeting with a social service provider
licensed by the state;
Case 6:22-cv-00023 Document 1 Filed 01/05/22 Page 7 of 26 PageID 7
-8-
(2) Comply with a request or court order from the judiciary, a correctional
facility or a law enforcement entity;
(3) Attend a scheduled meeting or interview with criminal justice
personnel at a criminal justice facility;
(4) Attend a bona fide educational institution as a registered student;
(5) Attend a scheduled or emergency health care visit with a licensed
physician;
(6) As a result of fulfilling legally allowable duties imposed by gainful
employment;
(7) Transport children within their legal custody to and from school or
daycare without any undue delay or loitering on premises;
(8) Seek refuge in a public shelter that has been officially designated by
the county or any municipality to house sexual offenders or sexual
predators during times of impending natural disasters or acts of terrorism;
(9) Attend a scheduled legal consultation meeting with an attorney who is
recognized as a licensed member of the Bar of the state;
(10) Attend a church service or function;
(11) Vote at a designated polling place within his or her district;
Jed
To ban you from commonly used places like banks, gas stations etc. just because they are near a school should be the catalyst for a winning law suit. That teeters on your constitutional right to free travel, essentials to sustain life and life supporting necessities.
In some big cities like Tampa, there are lots of choices. Places like Melbourne not so much.
Brandon,
Like I said in my comment above it’s any business you may have at a county office in Viera. A strict reading of the ordinance says that you can’t even go to the Clerk of Courts office IN the courthouse next door because it’s across the street from another school…..
and for Cherokeejack, if you’re going to a Sheriff’s office for a non-scheduled or non-mandatory appointment, you’re correct, it technically violates the ordinance……. 🤣
Sounds like a trap to get registrants arrested to fill their pockets. When I lived in Florida the sheriff’s office was downtown and not near a school. No matter how many ordinances are passed a person’s intent won’t change anyway. These commissioners need to stay out of the sun and use their hot air to fill balloons.
Brandon one of the key words in this article is Prohibiting. Does the word prohibiting justifying anything. If one looks at the scope of things Why do people prohibit one race over another? I mean who is playing truth or consequences in much of this justification.
Sure I hate to go to my probation office but my sister says the PO didn’t do anything to you. Is she like a woman trying to justify herself or like many not using common sense. If Florida laws used common sense and many other states their would not be registry confusion and a lot of these ordeals would be settled with warnings, tickets, or common understanding in all this registry tackiness.
SO, a ‘Tax Paying Person Forced to Register’, is not Allowed to Enter a Government Building in this Town/County Etc? So, Then, Therefore, ‘Persons Forced to Register’ Should be NOT BE ALLOWED to Enter a Jail or Prison etc in that Same County-If you Follow the Same Logic!..
CORRECT?!?1?
I doubt the county will even try to defend this. It is not worth their time to make a challenge. All they have to do is add one more line of this exception to the list already in force to make the change for this one challenge, and the lawsuit will be dropped.
It will do nothing for the rest of the ridiculous statute that will still be in force,, which should be the main challenge of a lawsuit.
The County loses nothing because they will continue to ignore registrants views anyway on the few occasions that the board meets, and the law will still be in place the rest of the time.
They were given that option before the necessity of filing a lawsuit. We had a member call to action requesting that specific relief.
I participated in that and received snarky replies from the head council woman. I believe “Sue us” was the response. What goes round comes round!
Yeah… Well I guess they got what they asked for!
FAC
To Quote my dear Friend and colleague, Willy Wonka, at the end of the movie to Charlie:
“Be careful what you wish for: it may come true.”
CherokeeJack
It’s great to know you didn’t work for Fagin’s gang picking pockets and you don’t want more except for freedom. Last time I looked for cash was in my girlfriend’s purse and I was like Anne what do you keep in here; which explains why your purse increases in size every year.
May her pocketbook run dry in 2022!! You want to be Scrooge it’ll cost ya!!
Godspeed and good luck.
Is this our own loved commentor Capt. Charles Munsey?
Go Charles Go!
It is, in fact, Captain Munsey! Not only did he and the other FAC Members who stepped up to serve as plaintiffs do a tremendous service for the cause, they did it using their own names! That’s bravery and integrity. Standing up proud and fighting for your rights. I’m sure that during his decades in the Navy Capt. Munsey has seen battles more brutal than taking Brevard County to Court, but I expect the defendants in this one will be among the most savage opponents.
FAC#3…How Much Did it cost them from their Own Pockets?
Let me Know Please…..How much money in Filing Fees did they have to come up with, from themselves?
Would like to reimburse them, please!
It takes real ‘balls’ to do this with their surnames published!..Real Big Balls!
Awesome!
Thanks. FJI covered the filing fee and service. It’s $402 to file a civil lawsuit and about $50 to serve the County. If you’d like, you can send the check, payable to “Florida Justice Institute” to FAC and we will forward it to them.