Archive for January 28, 2008

Audio Clips

January 28, 2008 Leave a comment

Talking Points Radio:

Description: Meet 3 moms who have come together due to a common bond to discuss the destruction of young lives due to the sex offender registry.

Hosted by: Educate All Youth

Listen to audio

Ohio’s new sex-offender law draws rebuke from judges
23 Jan 2008

At issue are a host of potential contradictions and constitutional questions arising from the state legislature’s attempt to comply with the federal Adam Walsh Child Protection and Safety Act.
from: The Cleveland Plain Dealer, News –

Minnesota Public Radio- A better approach to sex offender policy
June 2007
“Sometimes what happens is lawmakers don’t want to know the facts, or the facts don’t make any difference,” says Mathern. “There really are two things that affect public policy. One is the facts. The other is the feelings and political pressure. There are legislators who will say, ‘Don’t confuse me with the facts. I’ve made up my mind.'”
“These public policies have to be discussed. And the citizens have to start influencing their legislators to use facts, to use research, to use an approach that actually works, not an approach that just gets more votes,” says Mathern. “We have to make sure we aren’t shooting ourselves in the foot by being righteous, but making things worse.”

Listen To Audio

Audio Highlights of the Ohio Senate Vote enacting the Adam Walsh Act laws ( see voting videos here). The audio quality is poor because the Ohio General Assembly website makes it very difficult to record or copy their videos. BIG shock, right?

New York Public Radio: Are sex offender laws working?
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Petition: Revoke Adam Walsh

January 28, 2008 Leave a comment

Online Petition – Let Your Voice Be Heard ! We ask for your support in signing this online petition which will be forwarded to legislators to help revoke this unconstitutional law:

Contact the Elected Officials

January 28, 2008 1 comment

The following Corrupt public or elected officials are actively and irresponsibly curtailing the Constitutional Rights of Ohio and U.S. citizens. We encourage you to contact them repeatedly and often to insist that they actively stand up to defeat the Adam Walsh Act and its laws which trample Constitutional rights of tens of thousands of Ohio citizens. Demand that they do so or resign immediately. Do not easily accept leaving a message with a secretary. Insist on speaking to these individuals, or write or email them directly. Remember, these people hold their positions at our pleasure, as voting citizens. And remind them that they have sworn to uphold the Constitutional rights for all citizens. Tell them that they have failed to abide by their oath and that they may be forced to resign or be held criminally responsible:

NOTICE : Absolutely NO physical threat or violence is suggested, promoted nor condoned by or its organizer, nor members. But we do have the Constitutional Right in the State of Ohio to : assemble together, in a peaceable manner, to consult for their common good; to instruct their representatives; and to petition the general assembly for the redress of grievances. [Section1.03 Right to assemble (1851)].

Ohio Representative Jon Husted – Speaker of the House, Voted YES on this law.
Telephone: (614) 644-6008

Ohio Representative John White – Voted YES on this law.
Telephone: (614) 466-6504

Who is your Ohio Representative?

Ohio Senator Steve Austria – Introduced this legislation, Voted YES on this law.
Telephone: (614)466-3780

Senator Jeff Jacobson – Voted YES on this law.
Telephone: (614)466-4538

Who is your Ohio Senator?

Montgomery County Ohio Prosecutor
Mathias Heck – Defends this law.
Telephone: 937-225-5757

Email ( Their email listed on their website DOES NOT work. Email
Staff Listing

Ohio Attorney General
Marc Dann – Campaigned on passing this legislation, Defends this law.
Telephone: 614-466-4320
They cowardly dont post an email address but inquiries can be sent here:
The phone number to Marc Dann’s office is (614) 466-4320.
Or you can email Marc Dann directly at

Ohio Governor Ted Strickland
Defends this law.
Governor’s Office
Riffe Center, 30th Floor
77 South High Street
Columbus, OH 43215-6108
(614) 466-3555
He cowardly does not post an email address but inquiries can be sent here:
or sent to his secretary, Keith Dailey:

Sample Letters to Elected Officials:
I, frankly would not be so polite as these, but these letter samples were provided by

Respectful Sample Letter 1 to Elected Officials

Respectful Sample Letter 2 to Elected Officials

ConstitutionalFights Sample Letter #1: (for elected officials currently in office)

(elected official’s name):

We, as active voting citizens of Ohio, and as constituents who give you the privilege of holding your elected office, demand your immediate resignation of office for the following causes:

1. Your support, endorsement, and enacting of the unconstitutional Adam Walsh Act law (Ohio Senate Bill 10) which 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).

2. Your refusal to personally respond to your Constituent’s phone calls, emails and inquiries to your office regarding this legislation.

3. Your refusal to acknowledge nor publicly take a stand to renounce the Constitutional violations of this legislation.

4. Your refusal to respond to our prior demands, as Constituents of your office.

We have initiated a citizen action organization to remove you from office. In just over one month’s time, we have seen over 900 Internet web views and 80 petition signatures demanding revocation of this irresponsible legislation, at . And these efforts are growing weekly.

Also at, we are endorsing candidates which take a public stand against this legislation which violates the Constitutional rights of 30,000 Ohio citizens. And we will continue to publicize your responsibility in enacting this violative law.

Clearly it is necessary for us to remind you that you serve in your elected official position at OUR pleasure. With your actions, you have demonstrated that you are unfit to serve in this privileged position.

Therefore, unless you immediately and publicly renounce the Adam Walsh Act retroactive applications, we expect your immediate resignation.

ConstitutionalFights Sample Letter #2: (for candidates running for local and state offices)

District Candidates;

We are a local community action group called ConstitutionalFights.
As a growing and active political force in your district, we ask your position on the recently enacted Adam Walsh Act laws in Ohio.

Will you actively and publicly stand against the illegal retroactive and unconstitutional implementation of this law?

If you refuse to answer, the answer will be an implied ‘no’ and we will work against your election.

If your answer is ‘yes” we would consider helping your candidacy and offer an opportunity to post your statement on our action web site: .


Find your U.S. Representative:

Find your U.S. Senator:

steve austria, john white, jon husted, jeff jacobson, marc dann, ted strickland, mathias heck, ohio representative, ohio senate, senator, representatives, general assembly, suck sucks unfit illegal corrupt resign remove impeach criminals crime unconstitutional attorney general rosecuter ohio adam walsh act law sex offender registry registration child protection sexual predator registered sex offender law

Find your U.S. Representative:

Find your U.S. Senator:

News and Blog Information

January 28, 2008 Leave a comment

Daily Kos: The Treatment of Sex Offenders in This Country: Most felony level offenses having sex as an element, from lewd behavior to child molestation to rape, now carry mandatory lifetime registration, with permanent stigmatization and restrictions on where people can live. Many states are also regularly employing civil commitment for offenders whose incarceration term has expired, keeping them in state mental hospitals indefinitely without the need for a sentence from the court. The result is the creation of a permanent institutionally persecuted pariah class.

Citizens for Legislative Change: Adam Walsh Act Laws (AWA), SORNA, sex offender legislation.

Rights and Law Network: Adam Walsh Act Laws (AWA), SORNA, sex offender legislation.

The Liberty Papers: More sex offender insanity.

S.O. Laws Unconstitutional: A Father of 3, Husband of 1 who thinks their needs to be Sweeping, Immediate changes in the S.O. Laws in America. Retroactive laws that do not take into consideration how many years has gone by since a crime was committed, the age of the person, or any other relevant information only hurt a large number of people.We do need laws that protect our citizens, but just because a person commits a crime, does not make them a NON-CITIZEN. – New 2008 federal sex offender laws: …Many legislators are now having second thoughts about some classifications of sex offenders. Many will tell you that the “strict” sex offense laws were made for the predators, like rapist and child predators, not video voyeurs and such. But in the past few years to “earn” the offender tag is quite easy to earn. As Senator Keith Kreiman of Iowa is quoted as saying ” It is very politically risky to even hold hearings on repealing some of the sex offender laws” (USA Today). New Law Targeted by Sex Offenders. The Adam Walsh Act has only been in effect since Jan. 1, but the petitions protesting the controversial new sexual predator law are already pouring in. As of March 20, 74 appeals have been filed in Lake County alone. “We put a stay on all hearings, pending a decision by the Supreme Court,” the judge said. “For now, we’re ordering them to keep registering (as they were before the law was passed).”

Columbus Dispatch: Thousands of sex offenders across Ohio are filing similar challenges. “If you call everybody a threat, nobody’s a threat,” said Margie Slagle, a lawyer with the Ohio Justice and Policy Center in Cincinnati.

Lorain Chronicle Telegram: In the first day of hearings on complaints from sex offenders who have been reclassified under a new state law, prosecutors and defense attorneys got through nine cases Tuesday. The law would be fair if it only applied to those who committed sex crimes after it took effect, critics have said. Texas officials may soon begin ignoring a new federal sex offender law that would require some juveniles as young as 14 to register on a national Web site. A federal community notification act approved by Congress and signed by President Bush is so sweeping, it’s raising concern among even those who traditionally have pushed for greater public sex offender disclosure. Scores of prosecutors, victims’ rights advocates and normally get-tough lawmakers say provisions of the Adam Walsh Child Protection and Safety Act of 2006 are Draconian and costly and may end up harming the victims they’re supposed to protect. “We think our laws are strong enough,” said Sen. Florence Shapiro, R-Plano, a leading advocate of sex offender registration laws in Texas.” States risk losing federal funding if they don’t implement the new law by 2009. In addition, some are troubled by the lack of local control.

American Bar Association, ABA Journal : One in 100 adults in the U.S. is serving time in prison right now, reportedly the highest incarceration rate ever. And it is even higher for members of certain minority groups. They also add up to a lot of money spent on state and federal prisons. It costs an average of nearly $24,000 to house an inmate annually. Court challenge prompts judge to stay cases. A Hancock County judge agreed Monday to put Ohio’s sex offender law on hold in 11 cases until a federal court judge addresses constitutional challenges to the new law.

New York Supreme Court Criminal Term Library: Facing Deadline, States Troubled by Federal Sex Crime Mandates.

WTVG TV Toledo: Sex Offenders: “Attorney General’s office increased the number of sex offenders considered dangerous by 8000… The law is already costing tax payers hundreds of thousands of dollars”. Sex Offender Law Ignores Real Harm. 87 percent of sex crimes are committed by people with no previous sex-offense convictions. While it may seem a good idea to place all convicted sex offenders on a registry, law enforcement officials and child-safety advocates say that expanding the registry to include all offenders reduces its usefulness in helping law enforcement to identify and monitor individuals considered a real risk to the community.

TheBriefcase: Commentary and Analysis of Ohio Law: What research has been done has not shown that sex offender registration laws have any effect whatsoever on the one thing they’re supposed to affect: the incidence of sex crimes. In fact, as I mentioned several months ago, there’s some basis for believing that they’re actually counterproductive, in that they force sex offenders “underground,” making them that much harder to track..

USAToday : Sex-offender residency laws get second look. “It does not differentiate between real predators and the type of men he recalls arresting for urinating in public, a sex offense in” many states. “We need to focus on people we’re afraid of, not mad at,” says Lamons, a Tulsa Democrat who wants the rules to focus more on high-risk offenders. Now a backlash is brewing. Several states, including Iowa, Oklahoma and Georgia, are considering changes in residency laws that have led some sex offenders to go underground. Such offenders either have not registered with local police as the laws require or they have given fake addresses. The push to ease residency restrictions has support from victims’ advocates, prosecutors and police who say they spend too much time investigating potential violations. The surge in residency restrictions happened in the absence of research proving that they work. : Sex offender residency restrictions getting a second, closer look.

Brendan’s Commentaries: More Adam Walsh madness in Ohio.

Cincinnati Enquirer / : Get Real on Sex Offender Rules. “Applying these laws retroactively is inhumane.” There are more than 550,000 convicted sex offenders in the nation, more than 1,000 living in Greater Cincinnati. We urge the Ohio General Assembly not to waste time writing a new, specifically retroactive restriction law, but to instead work out a sensible classification system and invest in programs that would require released offenders to undergo continuing treatment rather just move down the road. Sandusky County Sheriff’s Office has been sending out sex offender notifications to inform county residents if they have a sexual offender in their neighborhood… AGAINST the Federal Judge court order prohibiting this action. Sex offenders registered in Tuscarawas County will not have to change their reporting habits, at least for the time being. : An obviously BIASED report but you can register your opinion on the page: A Feb. 6 order by a judge from the U.S. District Court for Northern Ohio will essentially allow the most serious sexual offenders convicted before Jan. 1 to move in next door to you and your family with no notification. The law is being challenged on the grounds it violates the Ohio Constitution and U.S. Constitution because it changes a defendant’s sex offender status and reporting requirements without any hearing, without any regard for prior court decisions and without due process.

Seattle Times: The Harm Done by Sex Offender Laws.

Cleveland Plain Dealer: Ohio’s new sex offender law draws rebuke from judges.

Sentencing Law and Policy: Sex offenders and the city states: AWA’s many trivial pursuits.

Salem News : The local lawsuits filed to challenge reclassifications of sex offenders will remain on hold for now, pending the outcome of a federal lawsuit challenging the changes. Youngstown — All five Mahoning County Common Pleas trial judges have signed an order halting action in their courts concerning protests filed by 60 registered sex offenders against their reclassification under a new state law. The stay, filed Thursday, halts action on the protests pending resolution of a case now before U.S. District Judge Patricia A. Gaughan of the Northern District of Ohio

WTVG Toledo: Right now there is a lawsuit; all 88 sheriff’s offices are being sued

Blueshift: to distribute data on sexual offender registration laws. to protect society and its children from the dangers of sexual harm. We are also committed to preserve civil liberty and genuine criminal justice.

ROAR for Freedom: to educate society about the truths, rather than the myths about sex offenders, recidivism rates, and the effects that laws and ordinances have on sex offenders.

Sex Abuse Treatment Alliance:Dedicated to preventing sexual abuse through education, outreach, and community reconciliation of sexual abusers.

Sex Crimes: devoted to criminal laws regulating and punishing sexual violence.

Sex Offender Issues: the truth about sex offender laws, issues and how they violate the United States Constitution, Bill of Rights and Human Rights.

Sex Offender Research by A Voice of Reason: dedicated to research, studies and court cases related to sex offender issues.

Cleveland Free Times: Sex in the Time of Hysteria.

Cincinnati City Beat: Next Comes Burning at the Stake.

Voices for Ohio’s Children: Implementation of the Adam Walsh Act in Ohio.

Davidson Justice: video.

Sex Offender Issue: Have We Gone Too Far?

Sex Offender Too: Willy, Registered Sex Offender.

Dayton Daily News: Constitutionality of Sex Offender Law Challenged.

News and Noteworthy: Articles concerning sex offender issues.

Sex Offender Support and Education Network: to advocate for positive sex offender policies and programs that include accountability, fair sentencing, and supportive community reintegration strategies.

Porkopolis: Blame the People who Wrote the Law. Anti-sex-offender zoning laws challenged.

Google News: Search terms Ohio “Adam Walsh”.

OnceFallen: Through Knowledge and Wisdom Shall We Rise From The Ashes.

Sentencing Law and Policy: Professional Law Blog.

Helium: Is the Adam Walsh Act about sex-offender notification unconstitutional?

Sex Offender Issues: Sex Offender Laws may do more harm than good.

Sex Offender Issues: Ohio articles.

No Sex Offenders Need Apply: Counter-productive world of sex offender legislation.

Sex Gulag: Legal and Civil Rights issues.

Cincinnati Enquirer: Sex Offenders Face Tougher Rules. Will States say “No” to Adam Walsh Act?

WHIO TV: Adam Walsh Act requires sex offenders to register for life. A.P. Legal challenges mounting to sex offender law.

Huffington Post: Sex Offender laws may do more harm than good.

SexCrimeDefender: Adam Walsh Act.

Chillicothe Gazette: Data entry error causes worry ; residents thought sex offenders lived nearby.

Utah Daily Herald: Utah decides not to fully implement the federal Adam Walsh Act….calls the law “an unfunded mandate,” “inflexible” and, “in some cases, not able to be implemented.”

DailyPress: States can protect children without the problematic Adam Walsh Act.

OperationAwareness: Why The Child Safety Act Will Not Work

WKRC TV Cincinnati: High cost of new sex offender law. Deputy Adam Breeze, Hamilton County Sheriff’s Office: “No free time to do anything else….In Hamilton County alone, 600 low level offenders are now high level offenders… same people, no new crime, just a new label… The Ohio Justice and Policy Center is suing to get Senate Bill 10 thrown out. The suit challenges retroactively changing someone’s offender status But the group also says upgrading low level offenders adds fear, without adding safety. Margie Slagle, Ohio Justice & Policy Center: “What the politicians don’t tell folks is that most of the people on this list are not child molesters.”

Online Petition: To revoke Adam Walsh Act and Laws.

Legal and Official Information

January 28, 2008 Leave a comment

Online Petition Against Adam Walsh Act: Please sign and forward to others concerned with protecting Constitutional Rights.

Facts about Megan’s Law and Sex Offenders in New York State

A Detailed Analysis of Sex Offender Recidivism in New York State, Orlando FL: An Orlando federal judge has ordered the release of two jailed, out-of-state sex offenders who moved to Florida, ruling that part of the Adam Walsh Act requiring their registration is unconstitutional. “The Adam Walsh Act was enacted with a commendable goal — to protect the public from sex offenders,” Presnell wrote. “However, a worthy cause is not enough to transform a state concern (sex offender registration) into a federal crime.”

Kansas Department of Corrections: Housing restrictions appear to be based largely on three myths that are repeatedly propagated by the media: 1) all sex offenders re-offend; 2) treatment does not work; and 3) the concept of “stranger danger.” Research does not support these myths, but there is research to suggest that such policies may ultimately be counterproductive. Maine’s sex offender law could be unconstitutional because it retroactively increases punishments for people who have already completed their sentences for sex crimes, the state Supreme Court said Tuesday.

Dallas Federal Criminal Defense Lawyer: Proposed updates and case citations regarding the Adam Walsh Act.

FederalDefenseCases : Cases Interpreting the Adam Walsh Act.

Ohio Supreme Court Decision: Case number 2006-2187. Francis Hyle, Green Township Law Director, et al. v. Gerry R. Porter, Jr. REVERSED ! ***A Victory for our Constitutional Rights !

WDTN – Dayton , 20 Feb 2008 : Ohio Supreme Court Rules: Sex Offender Residence Law Not Retroactive. COLUMBUS, Ohio (AP) – The state’s high court ruled Wednesday that a sex offender may not be booted from a home within 1,000 feet of a school if he owned it and committed his crime before the distance restriction became law.

WBNS – Columbus , 20 Feb 2008: Sex offenders can’t be forced to move away from schools if they lived in their homes before a 2003 law restricting their residency took effect, the Ohio Supreme Court ruled today. In a 6-1 ruling, the state’s high court said the law banning sex offenders from living within 1,000 feet of schools does not apply retroactively.

Journal of Sex Offender Civil Commitment- The Science and Law : The Vilification of Sex Offenders: Do laws targeting sex offenders increase recidivism and sexual violence?

U.S. District Court, Northern District of Ohio Judge Patricia Gaughan: orders stay on community notification and extends time period for filing complaints.

Capital Blog: Dann on Sex Offender Decision (7 Feb, 2008) COLUMBUS – Attorney General Marc Dann announced today that most provisions of Senate Bill 10, which implements the Adam Walsh Child Protection Act in Ohio, will remain in effect while the constitutionality of the law is being challenged in federal court. According to Mr. Dann, Judge Patricia Gaughan of the U.S. District Court for the Northern District of Ohio today signed an order preserving the law’s registration requirements. (7 Feb, 2008) Federal judge extends deadline for challenging classifications.

Ohio Public Defender:
official information on Adam Walsh Act, legal challenges, and related cases.

Class Action Lawsuit (Licking County): Filed by the Ohio Justice and Policy Center, this lawsuit challenges the constitutionality of Senate Bill 10 based on the Contracts Clause, Retroactivity Clause, Due Process Clause, Double Jeopardy Clause, Inalienable Rights Clause, and Separation of Powers Doctrine of the Ohio Constitution.

Class Action Lawsuit (Hamilton County) : Filed by the Ohio Justice and Policy Center, this lawsuit challenges the constitutionality of Senate Bill 10 based on the Contracts Clause, Retroactivity Clause, Due Process Clause, Double Jeopardy Clause, Inalienable Rights Clause, and Separation of Powers Doctrine of the Ohio Constitution.

Ohio Justice and Policy Center: Files lawsuit challenging Ohio’s new sex offender classification system and registration law.

Ohio Supreme Court Case Number 2006-2187:
State of Ohio is forcing a man to move from his home because he lives within 1000 ft. of a school. His crime and home purchase both occurred before the 2003 went into effect.

Ohio Supreme Court Case Number 2007-1427:
Challenge to the Adam Walsh Act, regarding
retroactive application, classification and constitutionality.

Human Rights Watch:
Articles on Adam Walsh Act

Ohio Judicial Conference:

Explanation of Senate Bill 10

Constitutional Challenge of Senate Bill 10:
Constitutional challenges

National Association of Criminal Defense Lawyers:
“Congress needs to face things when [they] pass statutes, and the defendants, no matter what the charge is . . . have rights, and here we have a statute that Congress gave no apparent thought to when it passed the statute. . . . This little section was slipped in right at the last minute, according to the chronology, and there’s not a thing to indicate they paid any attention to it. This is serious”

Ohio Public Defender Office:
Notice of constitutional challenges in various Ohio counties

United States Department of Justice:
Proposed guidelines for implementation of Adam Walsh Act.

United States Department of Justice:
Public comments on Proposed guidelines.

White House:
Fact Sheet on Adam Walsh Act.

National Conference of State Legislatures:
Adam Walsh policy Objections.

Bureau of Justice Statistics:
Criminal recidivism of sexual offenders.

National Association of Criminal Defense Lawyers: The Scarlet Letter of the Adam Walsh Law.

National Association of Criminal Defense Lawyers: Sex Offender Laws Run Amok.

Class Action Lawsuit, U.S. District Court, Northern District of Ohio: seeks a declaratory judgment that the 60-day time limit on the filing of challenge petitions and the provisions that require community notification for newly-classified Tier III offenders without a prior hearing violate the procedural aspect of the Due Process Clause.

Class Action Lawsuit, U.S. District Court, Northern District of Ohio: Temporary retraining order and preliminary injunction.

ACLU of Ohio: Welton v. Dann (Ohio’s Adam Walsh Act): LEGAL THEORY: While courts have largely rejected arguments the old law was unconstitutional, we believe the new law is sufficiently flawed enough that it is now, without a doubt, unconstitutional.

FederalDefenseCases: Cases interpreting the Adam Walsh Act.

The Cost of Implementing the Adam Walsh Act: Implementing the changes required by the act will cost states a lot of money. At a legislative hearing in Arizona, witnesses testified that the state would lose between $700,000 and $800,000 in federal law enforcement grants if it didn’t comply with the law — but that it would cost millions of dollars to expand the state’s sex offender laws to comply with the Adam Walsh Act.

Adam Walsh Child Protection and Safety Act of 2006:
Congressional Action
July 27, 2006: Signed by President George W. Bush
July 25, 2006: House agreed to Senate amendments by voice vote
July 20, 2006: Passed Senate as amended by voice vote
March 8, 2006: Passed House by voice vote

Online Petition Against Adam Walsh Act:
Please sign and forward to others concerned with protecting Constitutional Rights.