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SCHR Files Five Briefs Asking Court to Strike Down Georgia Sex Offender Law as Unconstitutional

Date of Publication: 
10/02/2009
Author: 
Southern Center for Human Rights

On October 2, 2009, SCHR filed five motions for summary judgment in Whitaker v. Perdue on behalf of the class of all persons on the registry.  In these briefs, SCHR is asking the Court to strike down as unconstitutional various parts of Georgia’s sex offender law, including the prohibition against living within 1,000 feet of churches, school bus stops, and swimming pools and the prohibition against working within 1,000 feet of churches, schools, and child care centers.  The motions, are as follows:

  1. Plaintiffs’ Motion for Summary Judgment and for a Permanent Injunction to Enjoin Enforcement of the “School Bus Stop Provision” of O.C.G.A. 42-1-15(b). Read the Brief.
  2. Plaintiffs’ Motion for Summary Judgment on Takings Clause Claim. Read the Brief.
  3. Plaintiffs’ Motion for Summary Judgment to Stop the State From Criminalizing Protected Religious Activity. Read the Brief.
  4. Plaintiffs’ Motion for Summary Judgment on Vagueness and Overbreadth. Read the Brief.
  5. Plaintiffs’ Motion for Summary Judgment on Behalf of Ex Post Facto Subclass. Read the Brief.

The State responded to these briefs. Read the State's Response

SCHR filed our final brief in response to the State on November 9, 2009. Read the Brief.

It is now up to the court to make a decision on the case.  We do not know when the court will make its decision.  We will post updates as they arise.