The purpose of this site is to inform Ohio and United States citizens of Constitutional abuses by our elected officials and politicians. We will be silent no longer. We will hold these elected officials accountable for trampling Our Constitutional Rights !
The Adam Walsh Act (implemented in Ohio as Ohio Senate Bill 10) was furiously and irresponsibly enacted on January 1, 2008, making Ohio the first state in the nation to implement these laws . Because the Ohio Legislature passed this law in a reactionary manner for politically correctness and to gain federal funding, they failed to responsibly review the legislation or study the impact, objections, nor constitutionality of the law. As a result, there are Constitutional challenges and court filings proceeding all over the state of Ohio which are challenging this legislation.
The law imposes retro-active restrictions and requirements on offenders who were either convicted of or pleaded guilty to any sexually related offense. Many of these offenders have satisfied all conditions, consequences and requirements of their offense, which may have occurred up to 10 years ago or more. Imposing new retro-active punishment on them constitutes a violation of the Ohio and United States Constitution with regard to its Double Jeopardy provision.
Yet this law imposes, among other things, a life-long registration requirement on them, meaning they are legally required to register with the local sheriff offices four times every year until they die to register every detail of their living conditions and location. Many of these people have fulfilled all previous registration requirements for a period up to 10 years already. This retro-active punishment is a violation of State and US Constitutional Rights, relating to Ex Post Facto provisions.
Beyond this, these offenders will now be re-classified in accordance with federal guidelines with no individual review by a court or judge, based solely on the offense which they committed. Universal re-classification of sex offenders into federal mandated tiers without the individual review before a court of law and judge is a violation of the Separation of Powers provision of the Ohio and United States Constitutions.
This law violates the ex post facto, double jeopardy, and separation of powers provisions
of the Ohio Constitution and the United States Constitution. And it constitutes breach of contract of original plea of the offenders. As the conditions of punishment are now changed years after the plea agreement was made.
To view the video of the Ohio Legislature voting on this law, see our ConstitutionalFights Video Channel
Please sign the petition to revoke these abusive and illegal Adam Walsh Act laws:
http://www.petitiononline.com/oh08/petition.html
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Comment by knowledgetoday — March 24, 2009 @ 12:34 pm |
Please post info on the sex offender bans in Connecticut. Ridgefield, Greenwich, Danbury.
Comment by joseph — March 29, 2009 @ 2:14 pm |
Thanks for your comment. Do you have news or links about the towns you mentioned?
We did post a story about Ridgefield here:
http://constitutionalfights.wordpress.com/2009/02/11/banishing-citizens-from-public-places/
Are you seeking updates on these laws or do you have news to share with us?
Please keep in mind that we are not able to follow ordinances in every town across the nation so we count on viewers like you to forward information to us ,as well. If you have news or links to share, please do so.
Comment by constitutionalfights — March 29, 2009 @ 3:20 pm |
Thank you for publishing some of the new CT laws for 10/1/09. I am personally trying to do my part to expose unconstitutional efforts of the CT politicians in regards to the new SO laws in Hartford with the help of Andrew Schnieder of CT ACLU.
One of the most disturbing parts of the legislation (Governor’s Bill No. 6384) is that they are repealing the previous SO laws 54-250 to 54-258a with a “new” section. One example is Sect. 54-260b which requires giving law enforcement IP information which enables them to monitor ALL internet activity. This is in addition to previous requirements of providing emails and IMs. Have the politicians forgotten about the 1st Amendmendment and the recent ruling in Utah and Maryland upholding anonynimity.
Also, I’m getting ready to campaign against the SO ban from parks, schools etc. in Greenwich, CT. From the ordinance:
“The CT Legislature has determined that persons convicted or found guilty…(CGA 54-250(6)) of certain criminal offenses against minors and sexually violent offenses, present a continuing danger to the health and safety of the public, sufficient to require that such persons register…
The legislator determined this, however, I finished my sentence, 2 years of sex offender “treatment” and have been evaluated by specialists that I “pose no risk to the community” and deemed a low-risk to recividate. My approach is due process, right to assemble 1st Amend., preemptive of CT State Law, but most importantly ex post facto since this “ban” is exactly the same punishment restriction I was subject to when I was serving my sentence. I had to “not be in the presense of minors” or “…go where minors frequent.” As you can imagine, this was severely overbroard and punitive but I fulfilled my punishment. Now years later, the politicians in the Town of Greenwich would like to reintroduce me to my punishment I had already served justifying it by my “continuing danger” eventhough I have been assessed to the contrary (Due Process). I may not initially win but either did our forefathers, but, truth will set us also free.
Comment by joseph — April 3, 2009 @ 3:03 pm |
When are they (politicians) who are making political hay out of SO’s
going to tier the offenses. They have everyone lumped together as
predators and molesters. There were two videos of juveniles on my PC,
I never saw the videos and dont know who they were from but they were
forwarded once. But, politicians say i am a sex offender. I am no more
a sex offender than they are. I have never inappropriately touched a
child. How do I contact the ACLU. I have tried to email them but no answer.
They can find me, though, when they want money?? Thanks..Ashley
Comment by Ashley Raper — April 3, 2009 @ 3:20 pm |
Thank you for your efforts and your time. we all have to unite together to make this go away. which we can. our lobby is growing by the day. I have talked to many people who want to begin civil disobidence. If 700k people simply refused to comply then they would be helpless to enforce the law. With the economy the way it is theres no way they could enforce it. its what has to happen
Comment by tom taylor — April 19, 2009 @ 2:30 pm |
I am grateful to have found this site and to know there are people out there willing to take a stand against the hysteria America has indulged in regarding the ’sex offender’ issue. Most people think a sex offender is a child rapist, not an ex-boyfriend who harassed his girlfriend by phone, or a child who had sex with another child, without understanding the consequences, which are exceedingly dire and brutal in this sexually immature and backward country.
Mr. Walsh has succeeded in destroying the lives of other people’s children by making their lives and their family’s lives hell for many years. He suffered a terrible experience but now will punish thousands of people in his self-righteous search for revenge.
Even those true child molesters who everyone would condemn are stripped of their constitutional rights by all this hysteria.
How many of us can honestly say we waited until we were 18? and how many of us could then label our teenage boyfriends as sex offenders? It is an astonishing waste of law enforcement dollars and makes this country look like a police state.
It is a frightening time for America.
Comment by dcoyote — April 26, 2009 @ 3:13 pm |
From The Miller Decision:
The Does have not developed any argument that the right to “live where you want” is “deeply rooted in this Nation’s history and tradition,” or “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if [it] were sacrificed.”
History and Tradition: It is well established that the authority of a state to pass laws in the excise of police power, having for their object being the promotion of the public health, safety and welfare. One such act of legislation was segregation. The rational basis for enacting segregation (residency restrictions,) where African Americans were denied the right to live within specific geographical areas, was to promote peace by preventing racial conflicts, to maintain racial purity and to prevent the deterioration of property owned and occupied by whites.
The Civil Rights Act of 1865 and 1964 guranteed the same rights to African Americans and other minorites enjoyed by whites and those were: The Right to Come and go at Pleasure, to purchase and lease real and personal property. To vote and must importantly to reside in any geograpical area of the United States of America.
So what this court has done, in order to uphold unconstitutional Ex Post Facto legislation, was to sacrifice one of the greatest fundamentals of our civil liberty and this is the right to move at pleasure from one geograpical area of the United States of America to another without restriction.
Although I believe that residency restrictions my be an appropriate punishment for a crime in certain ajudicated cases, it can not be applied retroactively through Ex post Facto legislation.
Comment by Sieandme — May 24, 2009 @ 9:07 am |
What happened to “America – Land of the FREE”?
Comment by Elizabeth — June 13, 2009 @ 3:13 pm |
united states constitution…
Not many people know what is being shared here. Thanks for sharing it with us….
Trackback by united states constitution — June 15, 2009 @ 10:00 am |
Sorry because i gave a false name and email,but is because as a sex offender,the system acccomplished with the breaking of my soul,and i live in the shadow of fears,that for any tiny thing,they would persecute me.Just 1 month ago,they came to my house,i mean the cops,and interrogate me about,that i was going through ,to forbidden web pages.even that i am not a internet offender.I was in shock because,i just use internet for bible studies,and for news.They brought a false paper where according to them,my name was in a social web page.That was a lie,maybe before i was locked up,i was in one of those,but it was rare,because i never and nobody use their own names.But they make me sign a paper that i was doing that,if not i would be in jail again,if i not sign.At the end,i was tired of continuous insults from them,and the suffering of my family that they where there.Also,because the rooms of them where searched ,it make me let them make me sign.It was a big trauma for my family,because,living with a sex offender,they also lose thei rights,imagine that for me,the rooms of my family members where searched.What a shame.In my mind comes something up,because i was born in other country,out of usa.In my country,a suspicious person,could be interogate for no more than 24 hours,and with the help of a lawyer,and the cops in my country must have a court authorization.I was interrogated before my jail time,in prision the therapist interrogate me all the prision years,and i have to say what they want to hear,after my jail time they put me in therapy again,and i have to keep talking about my crime,and they keep pressing me to say more and more things.Is it be legal to interrogate a person so many years,for a crime????Every week is the suffering,the mental torture,to go before a therapist,that would go to my parole officer and gossip about me.Last meeting i say,i had 4 years telling my therapist that i did not do that,and i have to do that again with you,???after that then the parole officer will put you in a lie detector,or making you to go more times to him,,im going every 15 days before my parole officer.It was my first crime in all my live,but for them all sex offender are garbage.
Comment by javier — July 6, 2009 @ 4:09 pm |
Thank you for sharing your story. It is another of many examples of harassment by law enforcement. Feel free to contact us if we can be of any assistance. I assume you are still under parole/probation since you were subjected to searches, but otherwise, you do have rights.
Comment by constitutionalfights — July 6, 2009 @ 6:28 pm |
WHAT CAN WE DO TO BECOME MORE ACTIVE AND VISIBLE IN FIGHTING THESE LAWS? I’M A MOTHER OF RSO, I WANT TO HELP.
THANKS,
SARAH
Comment by SARAH — July 16, 2009 @ 7:28 pm |
There are many things you can do to help in this fight; and they range from legal action down to working online to help educate others. Throughout this blog we discuss ways anyone can help battle these unconstitutional laws. In many instances we give contact information to legislators throughout the country who are passing laws like these. We also urge all readers to post comments on news and blog webpages to refute the many postings out there which are either false, misleading or outrageous. Be sure to cite sources of data/fact/information like ours and stay away from emotional arguments, but rather state factual information. I encourage all readers to contact their legislators ( federal and state and local) to express opposition to these continued branding laws. Others seek to collect petitions door-to-door to present to legislators. Legally , every family of any ex- sex offender should be contesting these re-classification and life-long registration laws in the courts. Some state representatives will have local contacts who will actually speak to you (since the legislators never will) and some legislators have hours or days when they are in the local areas where you can meet and talk with them. Some people are printing out business cards or flyers to distribute in their local communities which bring this issue to more eyes (we have flyer samples posted on our yahoo group). Remember that most people are very ignorant about these laws and about what a sex offender is. Even the media does not know the difference between a sex predator and a sex offender. So it is important simply to educate others and bring the issue to the forefront. Most citizens do not even know that this law exists. So there are so many ways to get involved and many which I have not yet thought of. So yes! Join the fight. The more citizens who are willing to join this fight, the greater our chances of prevailing. But if most of us sit on the sidelines, we will lose. Remember there are some 600,000 sex offenders in this country and that number is growing fast. Add the family members of those people and our numbers are very large, indeed. We can make a difference to change these abhorrent laws, but only if we fight in large numbers.
Comment by constitutionalfights — July 18, 2009 @ 2:33 pm |
I am also the mother of a RSO. His life was taken away by a young girl that had consensual sex with him and then decided to report it. He did not force or rape her. She even admitted in court that it was consensual. My son was sentenced to 3 years and now has to register as a sex offender. He has never and WOULD never abuse a child, yet he lives in Hell every day. The law enforcement continually harass him, for now reason. All he wants to do is work and have a life. This one mistake when he was 21 will be with him for the rest of his life. The girl gets off scot free and can live her life any way she wants. Where is the justice? Every place my son tries to live, the law enforcement says he can’t live there. Every job he has tried to work, the law enforcement says he can’t work there. But he is expected to have a permanent address and register every year. And he is expected to pay monthly to a probation officer. If he doesn’t comply with this, he is arrested. How can he have a permanent address if they won’t let him live anywhere? How can he pay if they cause him to lose jobs? He had CONSENSUAL sex. He is NOT a sex offender. He served his time. If this is the case, why didn’t they just give him a life sentence to begin with? Oh wait…….. they did!!! Only difference – they expect him to pay the rest of his life for a ONE mistake he made when he was 21. He is only 28 now. Murderers get off easier. Why don’t they have to register? I am fighting for my son’s life. He is not a bad person and doesn’t deserve this.
Comment by Gloria — September 20, 2009 @ 2:03 pm
Excellent site, keep up the good work
Comment by Bill Bartmann — September 2, 2009 @ 3:03 am |
This blog rocks! I gotta say, that I read a lot of blogs on a daily basis and for the most part, people lack substance but, I just wanted to make a quick comment to say I’m glad I found your blog. Thanks,
A definite great read…:)
Comment by Bill Bartmann — September 17, 2009 @ 10:29 pm |
I am from -or in the SORRY STATE OF texas. I am looking for local (Dallas) or State groups like this that are wanting to help RSO in the state of texas. This state is so “Backwards” that it thinks it can run different from the rest of the USA. ARE THERE GROUPS LIKE THIS IN TEXAS THAT UNDERSTAND THE LAWS HERE.
PAROLE LAWS FOR EXAMPLE ARE BEYOND WEIRD,…..
Comment by Anthony — September 29, 2009 @ 6:45 am |
We get this question often: “who can help me in my state?”. Anyone searching for organizations in their states which work against these laws are urged to visit http://www.reformsexoffenderlaws.org/groups/index.php to find their state affiliate group. There are also many links posted on our blogs at http://constitutionalfights.wordpress.com/site-links/ . These people are normal folks just like you and me – they volunteer their time because they care. Some are ex-offenders, some are family or friends of ex-offenders, and some are professionals in related fields. So please understand that they are not paid staff and most are not legal professionals. Some state groups are more active than others, but most are familiar with the laws in that state in order to provide information about the laws and status of laws. We all must join in this fight together in order to prevail. These state organizers are doing their part. Let us all find a way we can apply our strengths to battle together. Only when we do this can we hope to prevail.
Comment by constitutionalfights — September 29, 2009 @ 1:02 pm |
I am an RSO who is is currently battling the Adam Walsh Act in regard to petitioning for my wife’s citizenship. Because I am an RSO, non-violent and no victim crime, I am required to prove I am not a danger to my wife. We Have been together several years and married for more than a year now. It seems I should have the right every other american has to petition for the citizenship of a spouse. PLease post more on the Adam Walsh Act and how it relates to immigration. Thanks for the great info and resources.
Comment by Jeff G — October 21, 2009 @ 1:07 am |
The Adam Walsh Act is another political ploy. The politicians could not jump on it fast enough to curry favor with their constituents. I served two years under intensive probation (was promised unsupervised probation). I have never inappropriately touched a child nor had the desire to do so. Went through a year of
sex offenders specific protocol at a cost of $55.00 each session which consisted of
telling jokes for about 30 minutes and talking about sex for about 30 minutes. The cost of probatin was $30.00 per month. This whole thing is nothing but a money grabber for some people. Now the law here in North Carolina says a person cannot go
to church if children are on the premises. When my situation first happened, my wife and I went to talk to our Pastor at First Baptist Church and told him the whole story.
He told us to just keep quiet about the thing. A short while later I get a phone call from him and he tells me that I can no longer be an usher in his church. We have been members there for 19 years. My Pastor was the first person who harrassed me. Now I am harrassed every three months by a person from the sheriffs department and have to go to the county seat twice a year to register. Where am I going? My wife and I build our house here over twenty years ago. This whole business stinks. Those of us who have paid the price are virtually prisoners in our own home. We have finished our time and will be on probatin forevermore. Thanks for listening. Where did our first ammendment rights go to??
Ashley R
Ashley R
Comment by Ashley — October 23, 2009 @ 11:25 am |
I am a 60 year old man. My story could fill a very long and ultimately very sad book. Fortunately I was able to earn a good living and enjoy a normal life with friends, professional associates and children for nearly 53 years before, Jessica’s Law, Megan’s Law, the Adam Walsh Law, State law, local interpretations, police confusion and ESPECIALLY media hysteria and the internet destroyed it all. In some respects I am a lucky man, at least relative to the younger generation, because my life did not collapse back in 1984. I do not see how a younger person burdened with the current stigmatization and restrictions has much of chance.
Admittedly, the “system” has ground me down over the years and I am a shadow of what I once was. The effect on all who come after me will be even more dire if current trends persist. It seems that each year there is another law which permits some new form of legal coercion or some technological advance that invades our privacies, further eroding our ability to participate in society. Private failures become personal and family nightmares and public spectacles. The paparazzi-style media coverage feeds the public’s salacious desire for entertainment while politicians pander to the misinformed.
The citizens of the United States are being lied to and misled while hundreds of thousands of innocent people are being irreparably harmed. The local, State and Federal governments, goaded on by the media have simply and unilaterally established restrictions that are nothing less than blanket, permanent restraining orders with no showing of cause. Generally the burden of proof lies with the party seeking the injunction and yet the government provides only generalizations based on misleading statistics and reacts thoughtlessly to the public’s demand for action. Unfortunately, human nature is not so easily contained and the non registrant is as likely to commit the next crime as the registered sex offender. There is a first time for everything. Generally a restraining order requires some imminent danger or threat and a permanent injunction (such as the residency restrictions) require a preponderance of evidence. The government could not meet that burden in thousands upon thousands of individual cases.
Once a person has been convicted of a sex crime the presumption of innocence forever more seems to shift to a presumption of guilt. It extends far beyond the original circumstances and far beyond sex. This is one of the major points that proponents of internet disclosure and residency restrictions fail to acknowledge. There is a “we know what you are thinking” mentality in all of these restrictive laws that can not be ignored and it extends beyond the fear of sexual contact to a general mistrust What other subset of American society would stand for such negative profiling, such blatant discrimination?
Comment by Bob — November 1, 2009 @ 1:17 pm |