Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Tuesday, May 24, 2016

National: Civil Rights Group Files Lawsuit Questioning Constitutionality of International Megan’s Law

"The concern for sex offenders’ safety may seem counterintuitive; however, it is also well founded. For example, according to the language of the bill, it doesn’t appear that there are any provisions that would monitor whether foreign governments share information about sex offenders with others outside the people who need to know. These are sex offenders who have been convicted of some of the most atrocious crimes. Could the American government control who has this kind of sensitive information? If not, does this law unduly put sex offenders at risk? Do we even care?"

Read more

Tuesday, May 17, 2016

IL: 5 child sex offenders sue, say many restrictions unconstitutional

The statutes at issue prohibit child sex offenders from being at "any facility providing programs or services" for people under the age of 18; "participating in a holiday event" where there are children under 18; being at any public park building or property or loitering on a public way within 500 feet of public parks; and loitering within 500 feet of a school building where there are people under 18.

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Tuesday, February 9, 2016

Texas: More Than 20 Texas Towns Repeal Sex Offender Residency Law


By David Warren, Associated Press

DALLAS--A broad legal challenge has led more than 20 towns in Texas to ease restrictions over the last few months on where sex offenders can live instead of fight a costly battle in court.  While other states, including neighboring Oklahoma, continue to push offenders away from some neighborhoods, about 45 Texas towns received letters in November from the group Texas Voices for Reason and Justice demanding they repeal residency restrictions. The nonprofit, which is critical of sex offender laws it considers ineffective, also has sued 14 towns and has a powerful ally — the state attorney general's office.

MORE:
http://abcnews.go.com/US/wireStory/20-texas-town-repeal-sex-offender-residency-law-36772022

Wednesday, November 11, 2015

Lawsuit: California breaks the law on sex offender website

SACRAMENTO, Calif. (AP) — California is breaking the law by failing to include updates about sex offenders on its Megan's Law website, leading some offenders to be targeted by vigilantes, according to a lawsuit filed Tuesday.


Read more: http://www.sfgate.com/news/crime/article/Lawsuit-California-breaks-the-law-on-sex-6623370.php

Thursday, July 23, 2015

Court backs sex offender ordinance in Palm Bay, but WAIT....

Court backs sex offender ordinance in Palm Bay

WAIT!...

I think that should read " Court Backs Sex Offender in UNCONSTITUTIONAL Palm Bay ordinance.


(I love how the media has turned this suit around and the latest's news is spinning it as though he lost. Unreal.)

Here's the truth that the MEDIA didn't say..

FindLaw's District Court of Appeal of Florida case and opinions.

"Comments: Editor's Comment: Ordinances like the one involved in this case arbitrarily and capriciously adversely impact those convicted of a wide variety of laws governing sexually related activities from exposure to pedophilia and basically prevent those subject to them from living almost any where in many cities. " 

District Court of Appeal of Florida,Fifth District.

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpuf

Above comment is from: http://www.morelaw.com/verdicts/case.asp?s=FL&d=80324 

District Court of Appeal of Florida,Fifth District.

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpuf

District Court of Appeal of Florida,Fifth District.

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpuf

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpufistrict Court of Appeal of Florida,Fifth District.

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpuf

District Court of Appeal of Florida,Fifth District.

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpuf

District Court of Appeal of Florida,Fifth District.

John DOE I, Appellant, v. CITY OF PALM BAY, Florida, Appellee.

No. 5D13–3876.

    Decided: July 17, 2015

- See more at: http://caselaw.findlaw.com/fl-district-court-of-appeal/1708037.html#sthash.e4Iw2Uwg.dpuf

Friday, January 30, 2015

Sex Offender News for January 30 2015

Minnesota sex offenders prepare for civil commitment court battle
KARE
More than 700 civilly committed sex offenders are suing the state in a class ... Among the issues in the lawsuit, the court is being asked to determine ... 

Nozzolio Announces Tougher Sex Offenders Penalties 
Lansing Star
Nozzolio Announces Tougher Sex Offenders Penalties ... to educate schools, community groups, and clergy on issues related to sex offenders. 

Senator Ken LaValle: Senate Passes Bills to Toughen Penalties on Sex Offenders
Long Island Exchange... 
requirements, and create a public awareness program to educate schools, community groups, and clergy on issues related to sex offenders. 

Scathing audit paints sex offender agency in disarray 
Houston Chronicle
In reviewing $7.5 million in Office of Violent Sex Offender Management ... "We've taken action to correct every one of the issues that have been pointed ... 

Senate passes bills to better protect NY'ers from sex offenders 
Another bill (S.833/A.978) would prohibit level-three sex offenders from ... "The issue of high-level sex offenders taking up residence in emergency ...  

Senate approves package of bills to toughen penalties for sex offenders 
The Daily News Online
“This legislation addresses the serious problem of dealing with those who protect convicted sex offenders who they know have not registered with the ... 

NY Senate approves tougher penalties, requirements for sex offenders - Auburn Citizen (blog) 

NYS Senate passes bills to toughen penalties for sex offenders - NEWS10 ABC 

NY Senate Passes Bills to Toughen Penalties for Sex Offenders My Champlain Valley FOX44 & ABC22

Wednesday, May 28, 2014

California RSOL files lawsuit against against another city.



Posted by on May 28, 2014 in Featured Articles 


The City of Stockton’s sex offender ordinance was challenged today in federal district court.  The ordinance prohibits all registered citizens from loitering in or within 300 feet of public parks, libraries, and swimming pools as well as privately owned video arcades and recreational areas.

“This is the tenth ordinance to be challenged in ten weeks,” stated CA RSOL president Janice Bellucci.  “It is our hope that all cities and counties that have similar ordinances will soon choose to repeal their ordinances which violate both the state and federal constitutions.”

The first lawsuit in the series of ten lawsuits filed which challenge city or county ordinances was a challenge against the City of Pomona (March 24).  The next eights lawsuits to be filed challenged ordinances adopted by the City of South Lake Tahoe (March 31), National City (April 4), Carson (April 11), Lompoc (April 21), Sacramento County (April 30), Santa Ana (May 7), Wasco (May 16), and Ontario (May 21).

Settlement negotiations, which include repeal of the challenged ordinance and attorneys fees, have begun with three of the ten cities against whom lawsuits have been filed.  In addition, more than 20 cities including Anaheim, Tustin, El Centro, Porterville, and Claremont have repealed or agreed to repeal their sex offender ordinances without being sued.

Florida Action Committee (FAC), founded in 2006, is a state-wide consortium of concerned citizens and professionals whose purpose is to promote the prevention of sexual abuse while preserving the safety and dignity of all citizens through carefully structured laws targeting the truly violent, forced, and/or dangerous predatory acts of sex. FAC believes that many aspects of the current approach to sex offenders seriously undermine justice and actually increase the threat of sexual assault against others, particularly children. FAC opposes a publicized registry of sex offenders and seeks to bring an end to the humiliation of people who have already paid for their crimes. FAC asserts that only by supporting justice for all people—offenders and victims alike can a truly safe society be built and secured for all Americans.

Friday, July 26, 2013

Join John Doe's fight against City of Palm Bay, Florida's Ordinance 2005-76 by donating NOW!!

Notice to Sexual Offenders

THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, adopted Ordinance 2005-76 on November 17, 2005.  The ordinance makes it unlawful for any sexual predator or sexual offender to enter into or upon any residence, including the cartilage thereof, any designated private or public school facilities or grounds, including school bus stops, any day-care center, library, after-care center, park, playground, hospital, hospice facility, nursing home, adult day-care center, dwelling, domicile, or other place where children or vulnerable adults may reside or regularly congregate, to make deliveries or perform work.  The ordinance defines “vulnerable adults” and a copy of the ordinance can be obtained from the City Clerk’s office located at 120 Malabar Road, SE, Palm Bay, FL  32907.

Any person who violates the ordinance shall be guilty of a misdemeanor of the second degree punishable by a fine of $500.00 and a term of imprisonment not exceeding sixty (60) days.  A second or subsequent conviction is punishable, as a first degree misdemeanor, by a fine of $1,000.00 and a term of imprisonment not exceeding one (1) year.

Help with unemployment and your rights:
 Join the fight against City of Palm Bay Ordinance 2005-76
Ordinance 2005-76 in the City of Palm Bay, Florida is presently being challenged by John Doe. This specific ordinance has put many out of work and unable to find jobs because of the harsh restrictions, thus forcing many to move from the city.


If John Doe’s lawsuit is not victorious, the future of other cities within our great nation will be at risk. If John Doe’s suit is won, this victory will set precedence for every city in the United States. How wonderful would that be… finally change can start to happen!

Already, John Doe has personally disbursed $30,000 in legal fees and is asking for additional funds to continue his fight before his funds are extinguished, and the fight is lost.

Think about it, everyone will have the ability to gain employment and work anywhere within their city.

Ask yourself, is it necessary to support yourself and your family wherever you go…. while living freely wherever you choose? Isn’t this what our United States Constitution is at one time based on?
John Doe needs your help now while helping you and others. DONATE NOW!

All amount donated will go directly to John Doe’s suit.


Make a one-time pledge in what you can give, but remember donating$25, $50.00, or even a$100 to John Doe and his fight will not only help you but many just like you who want to led a normal life without restrictions!

Click below to make your donation for the paypal of your choice,  no matter how small or large! Note: your donation is not tax-deductible.

One-time Donation



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Monthly Donation Options






If you have any question please contact one.to.see.change@gmail.com.

Sunday, March 24, 2013

California Reform Sex Offender Laws Challenges Websites in Federal District Court


CONTACT:

California Reform Sex Offender Laws
Janice Bellucci, State Organizer
8721 Santa Monica Blvd., #855
Los Angeles, CA 90069
(805) 896-7854

FOR RELEASE ON MARCH 20, 2013:

California Reform Sex Offender Laws
Challenges Websites in Federal District Court

California Reform Sex Offender Laws (CA RSOL) filed a lawsuit in federal district court today challenging websites which identify individuals as sex offenders and include their personal information, including names, photos, and home addresses as well as demand up to $500 for removal of that information from the websites.
“It is time to stop the extortion of more than 750,000 individuals in this country,” stated Janice Bellucci, President of CA RSOL. “Those who work for or with these websites have engaged, and continue to engage, in a pattern of racketeering activities.”
 
According to the lawsuit, individuals connected with three websites – Offendex, Online Detective and SORarchives – have violated both federal and state laws. The laws include the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.), the right of publicity (California Civil Code 3344) as well as the intentional infliction of emotional distress.
 
“We’ve heard so many stories of people who have completed their registration period and yet are unable to move on with their lives,” stated Brenda Jones, Executive Director of Reform Sex Offender Laws, Inc. “The only way they can be free is to submit to the extortion of profiteers like Offendex and that is simply appalling.”
 
There are a total of 10 plaintiffs in the lawsuit, including residents from five states (California, Washington, Oregon, Kentucky and Tennessee). Plaintiffs include individuals convicted of sex-related offenses as well as one wife and one mother who have never been convicted of a crime.
 
“For-profit companies that provide false information about a former offender cause collateral damage to the families of offenders,” stated Vicki Henry, Director of Women Against Registry. “The additional financial burdens placed on the families by the companies that require a fee for removal from their website and the misinterpretation of the individual significantly limit the employment opportunities of a former offender.”
 
The lawsuit was filed today in U.S. District Court, Central District of California, Western Division in Los Angeles, California. Organizations providing support, including financial support, to this effort include Women Against Registry, Reform Sex Offender Laws, Inc., and Families Against the Registry.
 
A copy of the lawsuit is available upon request.

One to See Change Blog List

"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
* * * *
“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.


But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?


All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
* * * *
What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
* * * *
“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
* * * *
I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”