NARSOL Affiliates Join in Amicus Brief

Several NARSOL Affiliates, including: FAIR (Families Advocating Intelligent Registries), FAC (Florida Action Committee), Illinois Voices, Oklahoma Voices and PARSOL (Pennsylvania Association for Rational Sexual Offense Laws), have joined with W.A.R. (Women Against the Registry) and ACSOL (Alliance for Constitutional Sex Offender Laws) in an amicus brief to the 6th Circuit Court of Appeals in the case of Willman v. United State Attorney General (E.D. Mich 2019). NARSOL’s Texas affiliate, Texas Voices, has submitted a separate, independent brief.

The case challenges the federal SORNA law that requires individuals who had been released from their registering duties in one state to resume registering upon relocating to another state. Currently, in cases where an individual has completed his/her registering period or where the courts have ruled that state’s registry law to be unconstitutional, the individual can be placed back on the sex offender registry in a different state after moving or visiting and could face severe retributions if they fail to report the change.

On October 1st, 2019, United States District Judge Gershwin A. Drain granted the U.S. Attorney General’s motion to dismiss the case, citing the plaintiff’s failure to identify the specific statutory language he is challenging and several arguments that were undercut in previous court rulings. An appeal was promptly filed to the 6th Circuit Court in November, 2019.

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Fred

Fred began volunteering with NARSOL as a gatekeeper and correspondent. Later he became involved with the tech committee to help with the development and maintenance of our many website projects. He devotes much of his time to helping the team ensure that NARSOL's operations are running as smoothly as possible so that we can continue to grow and reach more people.

  • This topic has 9 replies, 1 voice, and was last updated 4 months ago by AvatarMarlin Scott.
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    • #68831 Reply
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      Tim in WI

      Early in 1999 one judge did raise the commerce clause as a viable vehicle for challenges with respect to the practical implementation of SOR and interstate travel. The chilling effect of temporary disposition like visiting Disney land OR conference could trigger registration obligation was apparently an issue for lawyer advocacy.

      Therefore any D.C. protests by registrants would have to include mass registration for temporary protestors. If MI is any example of government speed minus $dollars, the hypothetical protest could take years to accomplish anything. Maybe that explains the lack of confrontation of politicians by registrants themselves.

    • #68882 Reply
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      JB IN NY

      My daughter was placed on the registry more than 7 years ago, ruining her promising career. She was 22 at the time, just receiving a BFA in Cartooning and Illustration. Moved to Fl. after graduation and before taking job at Nickelodeon, police came into her home, where she lived with her brother[her dad passed away 6 months earlier], and held them in the house alone for at least 12 hours asking questions.
      She was arrested for Child Porn possession, reportedly on her laptop. Both kids knew nothing about this, but she was told that if she didn’t confess, both her and her brother wold go to jail. She confessed. Police said when questioning her that images showed 3 yr olds, but when asked her she said 9 was the youngest on video. tHEY SAID THERE WERE 15 IMAGES.It was Valentine’s day around 5am when they arrived.
      My daughter went to one of THE most prestigious art schools in NY, and had US Copyright on her artwork[manga/anime]. Warrant said her father’s name, and he was deceased, but my son and she were still living in the home. When investigation began, she was in NY, still studying to graduate-not in fL.
      Possibly her dad’s, or repairpersons at manufacturer, as her laptop was in Fl. being repaired.[she had sent it to him to get fxed] She had it at the time, and somehow there were images, i think, but wasn’t able to vconfirm or deny.
      My oldest daughter, pilot in USAF found out before me, and rushed to get an atty to have her released[none of my children had EVER been in trouble of any kind, and they were all adults now. The atty hired was a white collar crime atty firm with no experience in this area. He offered absolutely no defense for my daughter, and when I finally made it to Fl., kids were all scared to death. He suggsted that police did everything right, no contest, not even to have forensic exam of their evidence.
      Atty told my daughter to take a plea, and no jailtime, no thing but probation. She didn’t want to, but this was all he said to do. He never said registry. It wasn’t until the day of court sentencing did she find out that she would be placed on list, wear ankle monitor, etc…. All the while, she maintained her innocense but atty said plead guilty. Said judge was politically connected and trial jurors never rule favorably when they hear those infamous words of sex crime.
      I wanted to change atty, couldn’t afford to do so, because well my oldest paid for this one without time to research a specialist in area. I say that he was derelict of duty, didn’t offer one piece of defense for her, no dispute or examinations of ‘fact’ of any kind, kids were terrified, my oldest in military an officer, who couldn’t be closely associated with issues of this nature, and so here we are-my feeling the need to contest this conviction and restore my name, my daughter almost giving up on her extreme talent and promising career, and working in a restaurant, wearing stigma of label and a felon.

      Might be off topic, but seeking opinion, advice, referral sources, tips, anything to help me try to right a wrong against a beautiful black girl[though they look more white], when as I knew my exhusband, it could have come from anywhere, even accidental download. It’s happened to me. I pulled out all these defenses and more and that atty shot them all down, in favor of law enforcement.

    • #68883 Reply
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      JB IN NY

      Possibly Freudian, but wrote ‘restore my name’, meant my daughter’s name, future, self-esteem and her life.

      We are all college grads, myself[grad degree] and all 3 of my children have degrees, and this situation still bothers me greatly. There must be something that can be done, even at this time, from years ago.

    • #68898 Reply
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      Tj

      I live in Mississippi and went through something similar. The attorney I hired kept telling me not to worry your innocent bit when it came time to actually fight he told me I had to change my plea to guilty. I spent 5 yrs in prison and a life sentence on the registry. I didnt get to finish college. I have talked to lawyers and politicians no one wanted to help or even listen to what happened.

    • #68907 Reply
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      Michael

      I’m sorry to hear about your daughter but unfortunately, there’s not much that can be done to my knowledge. My crime was a low level misdemeanor with no minors or physical contact. It was invasion of privacy and not usually a crime that puts people on the registry but I was put on it anyway. They even designated me an SVP which is the worst tier there is. Notifications go out to my neighbors with my info and picture and I have to register, do treatment, and do polygraphs for the rest of my life. There is also no other case like mine in all of PA, but I still can’t do anything about it. My sentence is actually considered an illegal sentence now too and I still can’t do anything about it. I had a great career, went to college and never broke the law before, but none of that matters, it’s purgatory and is just the world we live in. I too tight there had to be a way but I was wrong. I’m learning to live with it by handing a great support system and trying to feel normal day to day. I hope your daughter is able to adapt the best she can to this because it’s most likely not going away. I don’t mean to sound negative, but I’ve just learned much about this world over the years. Stay strong for her.

    • #68953 Reply
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      Breanna

      Can someone explain what this means exactly?

    • #68983 Reply
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      Perry

      /this is going to be a long, hard fight. Everybody knows this, especially The U.S. District Attorneys that fight to keep these laws as they are currently written. We have to remember, that as long as CONGRESS DOES NOTHING, NOTHING WILL CHANGE! Congress has to be the one to literally Re-Write the whole entire thing or throw it all out altogether. Until they do-and we know they won’t-We’re going to have The Fight Of Our Lives!
      Now, If enough people VOTE, come Mid-Term elections again, and enough Candidates THAT CERTAINLY WILL STAND UP TO THESE LAWS COME OUT AND RUN, Naturally People-Myself Included if possible-WILL VOTE FOR THEM! All they gotta do is follow through on the Promises they will have made beforehand while they Campaigned! If they don’t, then They Lied and were stuck with them until the next Mid-Terms!
      Federal Judges by and Large, WON’T turn many of these unjust Laws around or throw them out, because they’ve got Political Aspirations their Damn Selves. THEY ALL WANT TO GET TO THE SUPREME COURT! Only Nine can sit on it. So what do you think they’re going to do?
      I’m telling you all this: It’s going to be some kind of Revolution that will change things. Trust me when I say this again: When They Start ‘Purging’ Us-and The Time’s coming when they will-THEN THINGS WILL CHANGE BECAUSE TOO MANY PEOPLE ARE GOING TO DIE BECAUSE OF THEIR BULLSHIT!
      And, The Government doesn’t want that kind of Image.
      Nuff Said.
      Riff Griff!

    • #69163 Reply
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      Capt Charles Munsey Jr. USN Ret

      My sex offense took place in Virginia. I moved to Florida to help out my parents and built my retirement home in Florida. I have had no…zero…sex offenses in Florida. The ‘victim’ and I have reconciled and live within miles of each other and see or talk with each other frequently. I am no longer on the Virginia registry. I was released from probation eleven years early. Yet, I am now on the Florida registry for whatever reason. It makes no sense to reasonable people who know me. It’s got to be that old driving factor…$$$.

    • #69176 Reply
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      Marlin Scott

      How will the laws be applied to other states if the Injunction is passed in Michigan? Or will others in other states be required to file their own class actions to enjoin them to Michigan?

    • #70249 Reply
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      Dustin

      I’m still wondering how any state gets authority to punish individuals for crimes committed in other states. Sooner or later (probably later), the US and state supreme courts will run out of ways to say the registry is not punishment. Shouldn’t it then follow that no state can register – or at least impose punitive obligations and restrictions – on those whose crime was committed in another state?

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