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Wednesday, May 13, 2015

Not Really Administrative, Is It? Florida Woman Incorrectly Labeled Sexual Predator for 2 Weeks and Experiences How Punitive It Can Be!

 
Update:

State makes changes after woman mistakenly labeled sex predator on license, June 8, 2015

Wrong 'sex predator' label leads to DMV changes, June 8, 2015
Computer system updated after multiple licenses mistakenly labeled
 

Original Post:
The below story is a week old and I posted a link to it days ago to the In the News page . 

I specifically avoided posting the article because I am always concerned one or two Virginia Legislators will see something being done in another State that increases punishment for RSO’s, makes a successful reentry impossible and is based on zero facts as "a great idea" for the Commonwealth. 

But I can not, not post articles and issues because I worry about a handful of elected-officials who patron and vote for myth-based, fear driven and prejudicial legislation. 

So today I’ve decided to post it. 

Why? 

Because this mother of three teenagers was misidentified as Sex Offender /Sexual Predator for just 2 weeks and she suffered immensely due to the label. Exactly what WILL happen later this year in Virginia when Robby's Rule 2015 HB1353/SB1074 goes into effect and people with similar names are incorrectly presumed to be Sex Offenders and they will be unable to prove otherwise.
 
Public Sex Offenders Registries are Constitutional ONLY if they remain administrative, not punitive. If they are in fact punitive (as we all know they are) then they are a violation of the Constitution and should be eliminated. 

In her two weeks with a drivers license incorrectly marked Sex Offender she was:
  1. Denied entry to Disney World after being detained by employees in a room for about three hours while employees called authorities about he designation
  2. Denied a room at a hotel
  3. Treated “the wrong way” in public, including her loved ones
  4. Publically embarrassed
Lucky for her she didn’t lose her job (Applebee’s server) or housing as most RSO’s do, ALL because of the label not their ability to do their job or how they have behaved as a tenant.

Mary Devoy
 

Florida woman sues DMV for wrongfully labeling her a sex offender on her license, May 7, 2015

42-year-old Florida woman plans to sue the state Department of Motor Vehicles after she was mistakenly listed as a sex offender, causing her and her loved ones to be treated “the wrong way” in public, the Orlando Sentinel reported.
 

“They asked me to check my name and address, and that’s what I checked,” Tammy Lemasters said. “The sexual predator box is in the lower corner and she had her finger there. I just took it and put it in my wallet. No one checks for ‘sexual predator’ on your license.” 

Lemasters said she did not notice the mistake until a judge informed her during a court appearance regarding a traffic ticket. Lemasters also said that Disney World employees refused to allow her to enter the park with her fiancee because of the listing. She was also reportedly turned away from a hotel. 

Lemasters’ attorney, John Phillips, told WFTV-TV that, while the state requires sex offenders to be listed as part of the 2007 “Scarlet Letter law,” there is no mechanism in place warning DMV clerks so they can avoid making this kind of mistake. 

“She wanted to be an organ donor and came out a sexual predator,” Phillips said, adding that he is representing two other clients who were wrongfully labeled as sex offenders, including one who died before the mistake could be corrected.

While Lemasters received a corrected license on Thursday, she said she would proceed with the suit unless state officials addressed the problem. 

“It’s so embarrassing and shouldn’t be something that should have happened,” she said. “They need to change.”