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Federal Judge Blocks GA. Sex Offender Law

A really bad law will go into effect in Georgia on July 1. It prohibits anyone on the sex offender registry from living within 1,000 feet of any one of the hundreds of thousands of Georgia's school bus stops. (Text of law is here, in pdf.) As a result of this law, people will be forced from their homes and unable to live in urban and suburban areas.

The Southern Center for Human Rights filed a lawsuit on behalf of 8 offenders to block implementation of the law. Today, a Judge granted a preliminary injunction as to those 8 plaintiffs.

The law does not distinguish between offenders with a 20 year old conviction for having had sex with an 16 year old when they were 18 and violent sexual predators. Here are a sampling of the crimes for which the 8 plaintiffs were convicted (from the Complaint, in pdf ):

From the complaint:

Wendy Whitaker.... is on the registry because, at age 17, she had a single consensual act of oral sex with a 15-year-old boy. For this one act, committed ten years ago, the now 26-year-old Ms. Whitaker and her husband have been forced from one home and now will likely be forced from another.

Plaintiff Joseph Linaweaver was 16 when he had a single consensual act of oral sex with a 14-year-old girl. For this act, Mr. Linaweaver is being driven from his home.

Plaintiff Janet Allison was convicted of being "party to a crime of statutory rape and child molestation" because she did not prevent her 15-year-old daughter from becoming sexually active. Due to this conviction, Ms. Allison and her family will have to leave their home.

In a nutshell, the problem with Georgia's law is :

Georgia does not differentiate between people convicted of violent sexual offenses, such as rape, and people who violated the law by having consensual sexual relations when they were teenagers with someone under the age of consent. Georgia treats everyone like the worst offender.

Georgia already has a law governing where people on the registry can live. See Ga. Code Ann. § 42-1-13 (2006) (prohibiting residency within 1,000 feet of schools, child care facilities, and areas where minors congregate, including parks, recreation facilities, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or services directed toward children). HB 1059, signed into law by the Governor on April 24, 2006, substantially revises § 42-1-13, turning the law from one tailored to keep offenders away from children into one that essentially drives every person on the registry from all urban areas and many rural areas.

The punishment for failure to comply with the Act's residency and working restrictions is a minimum of 10 years imprisonment and a maximum of 30 years imprisonment.

The law also prohibits anyone on the registry from working within 1,000 feet of a church, child care facility, or school. Thousands on the list will lose their jobs, as well as their homes.

This is just stupid. Not to mention unconstitutional. The lawsuit lists these constitutional violations:

a. The Act violates the Ex Post Facto Clause;
b. The Act violates the procedural component of the Due Process Clause;
c. The Act violates the substantive component of the Due Process Clause and the right to family privacy;
d. The Act violates the Religious Land Use and Institutionalized Persons Act, 42 U.S.C.S. § 2000©© (2006);
e. The Act violates the Free Exercise Clause and the right to freedom of association;
f. The Act violates the Takings Clause;
g. The Act violates the right to interstate and intrastate travel;
h. The Act violates the Eighth Amendment by imposing cruel and unusual punishment and by impermissibly punishing Plaintiffs based upon their status.

On July 11, the Court will decide whether to extend the injunction to all 10,000 persons on the Georgia sex offender registry.

Here is some media coverage of the law, known as HB 1059.

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    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#1)
    by aw on Mon Jun 26, 2006 at 11:35:29 AM EST
    This law is so unworkable their only purpose in passing it must be to drive everyone involved out of the state.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#2)
    by scribe on Mon Jun 26, 2006 at 11:43:37 AM EST
    Given the availability of GPS and all that, and the requirement in most states for a certified map to prove the distance (e.g., when possessing/selling-drugs-within-1000-feet-of-a-school is charged), it would be useful to enter into evidence at trial of this case maps detailing where, exactly, within the State of Georgia people with any eligible conviction would be able to reside. My guess - somewhere in a van down by the swamp; nowhere else.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#3)
    by Talkleft Visitor on Mon Jun 26, 2006 at 11:44:37 AM EST
    The 1,000 feet restrictions of HB 1059 prohibit people on the registry from living or loitering within 1,000 feet of any child care facility, church, school or "area where minors congregate," including all parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, swimming pools, and most problematically, school bus stops. People on the registry are also prohibited from working at or within 1,000 feet of a church, school or day care.
    The inclusion of churches in the list probably is the lynch pin that kills it. When you say convicted sex offenders who have completed their sentences can't go to church, you have a serious free exercise issue. Hell, most prisons and jails are within 1000 feet of a church, and many parole offices and courts are within 1000 feet of a daycare of some kind.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#4)
    by scribe on Mon Jun 26, 2006 at 12:18:38 PM EST
    After reading the complaint, I especially like the part that (A) no one seems to have an authoritative list of where school bus stops are, so no one knows for sure, and (B) the locations of bus stops change every year (maybe even more frequently), as kids move in and out of the districts. One can easily see some local Boss Hogg scheming over some real estate plan and having his nephew Cletus change the school bus stops (or just dig a swimmin' hole somewhere) to force someone to sell, lest they be imprisoned for thirty years. Small wonder 'murca's the laughingstock of the civilized world.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#5)
    by Johnny on Mon Jun 26, 2006 at 12:55:30 PM EST
    Georgia is for a$$holes, plain and simple. If they really want to prevent future sex crimes, abolishing straight white males from having contact with children will do the trick. Simply disallow any breeding to occur on the part of straight, white males. Force them all to live 1000 feet from anything. Forcibly remove existing children from their homes. Georgia, home of Kennesaw, where gun ownership is mandatory! Combine that with the recent fear-mongering against pederasts, and there will soon be blood. Idiot state.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#6)
    by HK on Mon Jun 26, 2006 at 02:13:50 PM EST
    This law is without a doubt unfair and unworkable. It is a complete waste of time and money. I don't think sex offenders registers are particularly useful to society. Furthermore, I have never quite understood the logic of having a registry for sex offenders but for no other types of crime. After all, why shouldn't muggers or drugs dealers be forbidden from being near vulnerable young people if those on the sex offenders register are? And shouldn't homeowners know if they are moving into a street where a burglar lives? What about a Domestic Violence Register that dating agencies could helpfully check for their clients? The truth is that the sex offenders register is a 'look, we're doing something!' measure that has extremely limited benefit to society and has been instigated as a knee-jerk reaction to the type of crimes that most people find abhorrant and incomprehensible. Like this law, it is not designed to be of any real use, just to appease the electorate.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#7)
    by Talkleft Visitor on Mon Jun 26, 2006 at 02:41:52 PM EST
    From David the unconvicted: It seems to me as if there is something very wrong with a system of justice that would label such people as in this complaint (against Georgia's new sex offender law re living near bus stops and churches) sex offenders for life or even, sex offenders at all. We have a few cases here of one underage minor having consensual sex with another underage minor, and now one of those parties is restricted for the rest of their lives in terms of where they can live? That seems a very heavy price to pay for imbibing some MTV rather than giving earnest heed to their local holiness church that would have told them not to have oral sex with their friend at school! In fact, several of the cases were of oral sex, and the person was convicted of sodomy. Another case is of a fellow who inappropriately touched an adult female college student while he was inebriated at a party. He was convicted of 1st degree "sexual abuse." My, oh my! A mom was convicted because her daughter had sex and got pregnant and the mom didn't do enough to stop it. Are these the kinds of things that should make someone marked as a sex offender for life or even for a day? This kind of justice, I believe, really highlights the need for fully informed juries. A jury should have and constitutionally does have the right to judge the law, and to refuse to convict, if and when the law is bad or being wrongly applied. Of course, states have generally hidden this right and required jurors to take an oath to apply the law as the judge explains it to them, with the result that many juries convict people for such flimsy and meaningless "crimes." And, fully informed juries ought to be informed also of the likely penalty or penalties to be imposed. Those who are not familiar with fully informed juries, please learn about the trial of William Penn in 1670. And as for the adult woman who was "inappropriately touched," wouldn't a slap in the face of the drunk guy be a better response than to insist on bringing criminal charges that have this effect on a man for the rest of his life? Are your breasts or butt so sacred that this temporary error on the fellow's part provokes this response? I believe in the law and I believe in bringing charges for murder, theft, rape etc. You bring charges for "inappropriate touching" at a party where alcohol is served? Did you or the DA ever think of forgiveness?

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#8)
    by Talkleft Visitor on Mon Jun 26, 2006 at 02:43:02 PM EST
    In its original intent, offender registries weren't a terrible idea. It's been in the execution. As originally conceived, they would be only for the worst of the worst...repeat offenders. However, judges now feel compelled to put every person who commits any type of sex offense on it...including the ones where people under 18 are involved like noted above. This means the registries are now so large, they are essentially useless. I can go to the FDLE site, enter my zip code (and I'm in a reasonable upscale area), and something over 800 people come up. Now how could I possibly do anything reasonable to protect my children with that information? The size of the database also makes it next to impossible for law enforcement to actually enforce...Let's concentrate on the very worst offenders. Just another feel-good waste of time.

    The law does not distinguish between offenders with a 20 year old conviction for having had sex with an 16 year old when they were 18 and violent sexual predators.
    Are you sure about this? In Georgia, at least according to the Georgia Bureau of Investigation, sex offenders released prior to 1996 (10 years ago) are NOT required to register, and neither are 18 year-olds shacking up with 16 year olds...
    The following offenders are required to register:
    Offenders placed on probation, parole, supervised release or released from prison after July 1, 1996, for one or more of the following offenses:
    [snip] and
    O.C.G.A. § 16-6-3 Statutory Rape (unless the age of the perpetrator is 18 years of age or younger)


    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#10)
    by BigTex on Mon Jun 26, 2006 at 03:22:42 PM EST
    From a practical matter why aren't people making this an issue in local races and using this to change the system from within? Maybe a majority likes the idea, but if so it is a nontraditional majority. There are plenty of silent conservatives who do not like this idea. The question is why haven't groups formed to give political cover to allow all those who oppose the current laws to band together. Sure both sides will have to swallow some arguments they do not like, or perhaps even agree with, but in the end coming together to make incrimental but steady changes, allowing both sides to debate with those they usually side with, and making this an election issue, will make this an open debate. From there let the chips fall where they may.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#11)
    by Talkleft Visitor on Mon Jun 26, 2006 at 04:40:18 PM EST
    Are you sure about this?
    You obviously failed to read the complaint. If you had, you would have seen this:
    Wendy Whitaker.... is on the registry because, at age 17, she had a single consensual act of oral sex with a 15-year-old boy. For this one act, committed ten years ago, the now 26-year-old Ms. Whitaker and her husband have been forced from one home and now will likely be forced from another.
    This happens to also be in TL's original post.

    macro, Wendy was convicted of oral sex, ie., "sodomy," on a minor, she did not "have sex" with a minor per TL's quote. While you may not agree, Georgia finds the two acts quite separate and distinct. Had she merely "had sex" she would not have had to register, according to the laws of the State of Georgia.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#13)
    by Talkleft Visitor on Mon Jun 26, 2006 at 05:38:05 PM EST
    Wendy was convicted of oral sex, ie., "sodomy," on a minor, she did not "have sex" with a minor per TL's quote. While you may not agree, Georgia finds the two acts quite separate and distinct. Had she merely "had sex" she would not have had to register, according to the laws of the State of Georgia.
    Your response is risible at best. Honestly, you are grasping at straws here.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#14)
    by kdog on Mon Jun 26, 2006 at 08:09:08 PM EST
    I'll guarantee Georgia will still have sex offenses, and a lot of undeserving people will get screwed. Some remedy.

    macro, There's nothing left to say to you.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#16)
    by Johnny on Tue Jun 27, 2006 at 04:20:02 AM EST
    While you may not agree, Georgia finds the two acts quite separate and distinct.
    Tell that to the wrong-wingers when Clinton was president..

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#17)
    by Talkleft Visitor on Tue Jun 27, 2006 at 06:11:32 AM EST
    From a practical matter why aren't people making this an issue in local races and using this to change the system from within? You can't change the system in Georgia. The political candidacy rules are so archaic that an Independent can't even run. Even traditional party candidates have a tough time. Which is why 70% of Georgia's candidates are running unopposed this fall. And letting localalities decide what restrictions they want is a disaster. One has only to look at Florida to see what happens when cities and counties start palying one-up. Bottom line is there shouldn't be a restriction on where people live unless that restriction applies to all persons. The Georgia Constitution says so.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#18)
    by Talkleft Visitor on Tue Jun 27, 2006 at 08:35:37 AM EST
    This is an obvious case where serious revolt is needed. The people unjustly effected by this should arm themselves to the hilt, buy plenty of ammo and take stand. This crap has to stop. Resist by any means necessary. How dead Georgia cops will it take for them to realize this is wrong.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#19)
    by kdog on Tue Jun 27, 2006 at 08:50:38 AM EST
    I don't know what to call it...but it sure ain't freedom.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#20)
    by Jlvngstn on Tue Jun 27, 2006 at 11:29:04 AM EST
    Just curious. How many abductions have happened at school bus stops in the past 10 years?

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#21)
    by BigTex on Tue Jun 27, 2006 at 01:19:55 PM EST
    Just curious. How many abductions have happened at school bus stops in the past 10 years?
    We've had a rash of attempted abdcutions at bus stops this year. Not that is justifies a stupid law like this, but it is a problem.

    Googling "child abduction bus stop" turns up several cases, some tragic. Certainly doesn't sound very commonplace though.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#23)
    by Jlvngstn on Tue Jun 27, 2006 at 02:32:20 PM EST
    thanks BT thanks SUO - I was wondering if it was a response to one incident or several. The next question of course would be did the offenders "live" 1000 feet from the bus stop or were they cruising around looking for a bus stop? It would seem to me that they would want to go to another area to abduct as the first place a cop is going to go would be the homes of the closest registered offenders, no? As long as you have bus stops, and you have sex offenders, no matter how close they live to them, they will still use it as a place to solicit victims no?

    Good points Jl.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#25)
    by BigTex on Tue Jun 27, 2006 at 05:20:27 PM EST
    The next question of course would be did the offenders "live" 1000 feet from the bus stop or were they cruising around looking for a bus stop? It would seem to me that they would want to go to another area to abduct as the first place a cop is going to go would be the homes of the closest registered offenders, no?
    You are exactly right. In the cases here it was people driving out to the burbs to try to abduct there because the police weren't as used to working this type of case, and looked for the offenders of closest proximity 1st, though quickly ascertained that was not the case. This law is a symptom of the overall redicliousness and hysteria that the country has with sex offenders. They need treatment, and failing that a civil committment, so they can be released when rehabbed, if they continue to pose a threat to society. Those who pose on threat need to stop being branded with a scarlet P. But this gets back to the earlier question. Why aren't liberals starting groups who oppose these inane laws and welcoming conservatives who share the same thought to the groups? All it takes is getting the issue out in the open and forcing debate to make the issue come to what would likely be a favorable conclusion to our side. Those who are sex offender crazed operate off of emotion, not off of facts. In a debate we would squish the opposition.

    Re: Federal Judge Blocks GA. Sex Offender Law (none / 0) (#26)
    by Talkleft Visitor on Tue Jun 27, 2006 at 08:19:07 PM EST
    It is an election year in Georgia and even the most otherwise liberal politicians voted for it. No one wants to be labeled as pro sex offender. The law is being use to test the limits of banishment and ex post facto. (The US Supreme Court using twisted logic stated that being required to register at any time AFTER sentence completion was NOT punishment). "Sex offender" colors any argument for "sex offender" rights. Tennessee has a meth registry and the GA governor wants one. They will definitely come up with other registries in the "interest of public safety" which will include their attendant liberty restrictions. (I would like to see a car theft or theft by receiving registry). The stated purpose of the law is to move ALL sex offenders out of Georgia. Most of the "rural" law enforcement officials are often quoted as saying that they don't care if these people are 'inconvenienced'. How is being forced out of your home (and possibly work) and being given extremely limited choices (entire metro counties are off-limits) an 'inconvenience?' And they also tout the bogus, "protect the children of Georgia" argument. The GA legislature provided funding for 1000 pre-k slots and 4300 prison slots. ). If GA cares about it's the kids as they say, I'm sure the GA legislature could spend the money on the kids instead of the enforcement of a 'feel good' law. Georgia didn't stop with just SO noncompliance. 10 to 30 years. Any (vaguely defined) assistance in noncompliance gets 5 to 20 years. Georgia politicians just don't understand Math. (GA has 50th highest drop out rate). It costs 19,000 dollars a year to house in inmate in GA. 10 year x 19,000 dollars = 190,000 dollars to 30 x 19,000 dollars = 570,000 dollars. (This doesn't include cost of Prosecution, inflation and ong