Monday, March 30, 2015

Virginia Plaintiff Needed: What if We Challenged HB1366 in Court?

In the last 4 weeks of waiting for Governor McAuliffe to either veto or sign HB1366 into law I was considering a court challenge against the new law. Now that it has been signed by the Governor I’ve circled back with a legal group on doing just this. 

A legal challenge requires a plaintiff, facts showing the injury has or will most certainly occur, and a legal argument (vs. a policy argument) about why the new law is bad.   

In order to challenge any law, you have to have a plaintiff who is someone who has standing to bring a legal claim (i.e., someone who has been or will definitely be “injured” by the law), and you have to show what the injury is and how the injury offends the law.   

To get an injunction against a new law from going into effect, you also have to be able to show that your legal case is so strong that you have a “likelihood of winning on the merits” and that a damages claim would not be sufficient to remedy the harm caused.  

At the moment a civil liberties group is considering this for HB1366. 

But first we need a plaintiff.

Update: Virginia Delegate Jeffrey Campbell’s “Recipe for Disaster” Bill HB1366 Has Been Signed by Governor McAuliffe to Become Law in Virginia on July 1st 2015!

Virginia Delegate Jeffrey Campbell’s Bill HB1366 Sex offenses prohibiting entry onto school or other property; hearing (a deceptive title) was signed into law by Governor Terry McAuliffe this past weekend. 

I had hoped the statements the ACLU of Virginia made to the media (below) against HB1366 after I single-handedly opposed it in the Virginia House Courts of Justice Criminal Sub-Committee meeting (even after the Virginia Senate amendments, weeks later) would have resonated with our Governor, but they fell on deaf ears. 

Past News Articles on this Bill:
·         Campbell: Sex offender bill would stir up angry mobs, February 12, 2015
·         Should sex offenders be allowed to visit their own child at school? February 3, 2015
·         ACLU questions new sex offender bill, January 20, 2015
·         VIRGINIA ACLU: New sex offender bill 'invitation to throw stones’, January 19, 2015
·         Campbell to co-sponsor bill to keep training center open, January 9, 2015
                Delegate plans to introduce several bills in General Assembly session

Myth, fear, hate, vengeance and prejudice wins out yet again while facts, equal justice under the law, unbiased and fair hearings before a judge and the very foundation of our Rule of Law are not just trampled  but thrown-out-the window by our elected officials because they deem certain citizens “unworthy” and they continue to allow their emotions to write and pass our laws. 

Past Posts, and Action Alerts on this Bill:
·         March 7, 2015
·         February 17, 2015
·         February 11, 2015
·         February 10, 2015
·         February 3, 2015
·         January 29, 2015
·         January 20, 2015
·         January 17, 2015
·         January 1, 2015
·         December 4, 2014 

I tried my best to stop HB1366 from becoming law, I’m sorry everyone! 

This year was my 7th General Assembly session and sadly it was one of my most unsuccessful ones. Right now I feel disappointed and defeated. I can’t believe after 7 years of advocating for you and your families I am still more often than not the only person who stands up in opposition to these hateful bills every year in Richmond.

I oppose bills that have nothing to do with me or my family, but I stand up against them because it’s the right thing to do. And yet, I continue to stand alone (most of the time).

I receive email’s daily from readers complaining about the registry, the restrictions and the collateral damage but when new and harsher laws are being proposed, where are YOU? 

I receive email’s daily from readers asking for my help to get them off the registry, to do a court challenge (pro-bono) or to get them exonerated. Most email’s are about you, what you need, what you want, what I should do to help YOU!