During general elections, it is not uncommon for politicians to seek impactful campaign strategies. Often, this involves employing fear-based tactics and proposing sometimes unnecessary and constitutionally questionable measures. A frequent target of such a strategy is the issue of sex offenders within the system. Despite the lack of empirical evidence supporting these measures’ efficacy, instilling fear remains a prevalent political tool. One typical manifestation of this approach is the proposal of additional, yet arguably ineffective, restrictions to the sex offender registry.

The practice of political mudslinging is a well-known aspect of election campaigns, typically involving exchanges between politicians. However, the trend of using ordinary citizens, primarily registrants, as targets in these political skirmishes is drawing criticism. Such tactics are being called out not only for their poor taste but also for their disregard for the principles of decency and respect towards voters. This shift in political strategy raises questions about the ethical boundaries of election campaigning and the respect owed to the electorate.

In North Carolina, like many other states across the country, individuals listed on the public sex offender registry are prohibited from entering school premises. This policy faces a unique challenge during states of emergency, such as severe ice storms or hurricanes, when schools are often converted into temporary shelters for the general public. In these situations, those on the registry are excluded from these emergency shelters, highlighting a critical gap in the state’s emergency response plan.

For almost ten years, civil rights groups have been advocating for a change in North Carolina’s legislation, urging the General Assembly to incorporate a provision that would temporarily lift the ban on individuals listed on the sex offender registry from accessing emergency shelters until a state of emergency is lifted. Despite these efforts, as the state braces for another season of freezing temperatures, the legislature has yet to address this issue. This inaction raises concerns about the potential harm to those registrants and their families who are denied access to emergency shelters, especially those not under active probation or parole. Critics argue that this situation underscores a fundamental flaw in the state’s emergency management strategy, highlighting the use of the registry as an extension of punishment rather than a means of reintegrating individuals back into society by allowing reasonable accesses to safe places during states of emergency.

As the debate continues over the exclusion of individuals on the sex offender registry from emergency shelters in North Carolina, a pressing question emerges: How many citizens must face potentially life-threatening risks or death before the legislative and executive branches of government take decisive action? After a decade of inaction by lawmakers on this issue, concerns are growing that the foundational principle of ‘all men are created equal’ is not being upheld in practice. This situation highlights a critical disparity in how those in power regard the rights and safety of all citizens.

As the election season approaches, the spotlight turns to the importance of electing lawmakers who truly represent the moral duty owed to the citizenry. With a focus on adherence to constitutional principles, particularly those prohibiting ex post facto laws and ensuring equality and rights for all persons, voters are faced with a crucial decision. This year, the challenge is to assess whether the status quo remains satisfactory or whether it is time to seek out leaders committed to treating all citizens with dignity. This includes reevaluating and potentially dialing back the sex offender registry laws, which some critics liken to Jim Crow-style policies and view as products of fear-driven, knee-jerk reactions.

The call to bring an end to the national sex offender registry, along with its associated extended punishments, complex premises restrictions, and other supplementary limitations, is gaining momentum. Critics of the system argue that the existing measures of probation and parole should suffice in addressing concerns related to sex offenses. They contend that the current registry system, often described as a ‘social experiment,’ has become overly punitive and fails to balance public safety with rehabilitation effectively.

House Bill 593 goes into law effective August 1, 2020. The new law is in direct conflict with the Grabarczyk v. Stein lawsuit that was decided in favor of Mr. Grabarczyk. Now that the Grabarczyk case is on appeal, many unanswered questions remain about how the matter will be disposed of. NCRSOL will continue to monitor results from the case and make updates whenever possible. 

But what the N.C. legislature failed to do was address how registrants are to seek shelter during a hurricane. Most of all, how do registrants get tested for COVID, especially when all the testing locations are on school grounds? You see, N.C. lawmakers do not want to understand the collateral consequences of the sex offender registry they created. They have been sold nothing more than tissues of lies that registrants are the most dangerous people in society. The facts are that registrants are perhaps the most compliant and least likely to be recidivists. Yet, lawmakers do not read scholarly journals nor listen to reason. Collectively, they perhaps represent the facilitation of “fake news” by ignoring data proven results by academics that remain neutral in registry issues. Instead, elected leaders continue to be persuaded by cash from lobbyists selling fear, lies, and deceit. Politicians don’t care about the people or crafting good laws. They only care about being reelected. 

Typically, elected officials are under the impression that during a state of emergency or pandemic that laws are magically suspended or waived. At least this is what a few lawmakers conveyed to me during conversations at the legislative building. Despite my best attempt at educating lawmakers, the reasoning always falls on deaf ears. Registrants are generally rounded up and arrested for seeking shelter during a state of emergency or criminally charged at a school because that is the only place where COVID testing takes place. Then the orchestrated attempt by police comes when the camera crews are summoned by a police press release splattering the image of “sex offender caught at school” all over the headlines for days. Nevermind that registrants are people that require COVID testing or shelter during a violent hurricane. But, your lawmakers don’t want to fix the laws that keep registrants and their families alive and safe from harm. Moreover, most media outlets fail to report the truth about the collateral consequences of the sex offender registries by falling into the trap of only reporting a constructive narrative to paint any registrant as the worst-of-the-worst. Police, politicians, and the media should address the moral issue rather than painting a false narrative. 

So, what do we do about it? There are many solutions, but it takes an army of registrants unafraid and undeterred to satisfy this mission. A solution begins with calling your lawmaker. Let them know that hurricane season is upon us. Every emergency shelter is at a school which is off-limits to sex offenders and their family. Demand that the law be changed during times of emergency proclaimed by the governor or town leaders. Additionally, speak about COVID-19 testing sites that are every school parking lot all across North Carolina. That means people on the sex offender registry cannot be tested on school grounds for a test that may save their life. Talk candidly about voting where nearly 96% of polling places are at school properties. Sure, there may be provisions within the law. But this isn’t the time to negotiate for what we should or shouldn’t bargain with when it comes to voting rights. This should be a time to exclaim registrants are people that deserve the same rights as any other person during times of emergency, pandemic crisis, and the ability to vote like any other American without special accommodation. Hold your elected officials accountable—otherwise, vote for another person to replace the voice that is supposed to represent you and second chances. Maybe, just maybe, registrants, registry family members, and allies of the anti-registry movement should consider running for public office to make our voice and concerns publically known? 

I don’t encourage people to get arrested to prove a point, especially when COVID in jails/prisons could equate to a potential death sentence. But perhaps that may be the next chapter in the anti-registry movement towards creating change. It will take brave people on the sex offender registry to be arrested for standing upon principle to reclaim his/her civil rights. No other person in America has to ask permission from a school to vote. No other person in America is excluded from seeking shelter at a school during a mandatory hurricane evacuation. No person in American must ask permission to buy or move to a new home or apartment. No person in America must ask permission to must ask the police for permission to go on vacation. No person in America is excluded from getting a COVID test based on where they may have the procedure performed. Sure, it is a huge gamble. But to have a civil rights case, we must find registrants willing to stand up and demand equality within their civil rights. Enough is enough! 

Now is the time to become vocal and make changes to draconian and Jim Crow styled laws penned by the elected leadership entrusted to represent your interests. Now is the time for registrants to fight back and reclaim his/her civil rights. Now is the time for action. I encourage you to contact your state representative and put your concerns in front of them. Demand change! Demand it now! Otherwise, lawmakers will continue to think we don’t put up a fight.  The clock is ticking to save the over 25,000 registrants in our state. 

Now is the time for action. Be a part of that action and become an advocate of change. 

If passed into law the bill would require all registered sex offenders residing in North Carolina to pay an initial registration fee of ninety dollars and additional ninety dollars thereafter on the offender’s annual registration date. A provision in the bill allows county sheriffs to report delinquent accounts to the State Attorney General for civil collection actions. Additionally, requests for termination from the registry would be contingent upon registration fees are paid in full on time.

House Republicans overwhelmingly supported the bill while six Republican voted against. House Democrats added a substantial majority of support while eighteen Democrats voted no. If passed by the state Senate and onto the Governors desk for approval will undoubtedly create insufferable conditions for many registered sex offenders that are unemployed.