After 7 years in limbo, federal appeals court rules on Alabama sex offender’s lawsuit
HOWARD KOPLOWITZ – Seven years after an Alabama sex offender’s lawsuit languished in a federal appeals court, a three-judge panel decided the case in October 2022.
Michael McGuire, a homeless man living in Montgomery, filed the appeal challenging the constitutionality of Alabama’s sex offender registration law in 2015 after initially filing the suit in Montgomery federal court in 2012.
McGuire argued that the state provision requiring homeless sex offenders to report to authorities weekly about where they are living and where they plan to live was unconstitutional, claiming the reporting was more frequent than for offenders who were not homeless.
The Montgomery man also said Alabama’s requirements about living near schools or working with children meant 80 percent of Montgomery’s housing stock and 85 percent of its jobs were off limits to him.
On Monday, a three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals found McGuire’s claims to be moot since the state Legislature updated the law while McGuire’s appeal was pending. The panel also vacated the lower court’s decision ruling parts of the law unconstitutional.
The decision came hours after Talking Points Memo published a story on the seven-year wait for the case to be decided, which experts called “extraordinary.”
Those who write these laws have no idea of the impact these have on the offenders, especially those who have no family and are homeless! Homelessness and hopelessness is not a healthy combination for public safety. What are the lawmakers thinking? How does a homeless jobless man keep up with all he has to do, especially without the support of family? This is inhumane.
No way, NO WAY, is that responsible ruling by the court. A non-homeless offender can travel just as much as a homeless offender on any given day. What a lie by the cowardly Atlanta based 11th circuit court.
You are absolutely correct. The whole registry is a sham that politicians use to become a larger prick. This law does way more harm than good. The latest law imposes more illegal regulations and the offender never receives a hearing. Many years after time served. They will impose punitive restrictions on the offenders. Abolish this and go after illegals that are true offenders and the politicians that brought them in. Thes people will be judged one day
In north Carolina homeless sex offender have to report where they are every single day it was weekly but now daily and in south Carolina they are charging a $250 annual fee for all registrants the sex offender law is getting way out of control
Yes. Please keep sueing these judges. The non travel law is punishable if you don’t check with your hall monitor and have a pass. You will wast fay just asking for permission and reporting in when you return. Most detectives are common sense challenged