Whitaker v. Perdue: challenging Georgia's Sex Offender Restrictions

Over the last few years, Georgia’s General Assembly has passed several law that prohibit people on the sex offender registry from living or working in certain locations within 1,000 feet of: schools, child care facilities, school bus stops and other areas where minors congregate.

On June 20, 2006, the Southern Center for Human Rights (“SCHR”) filed a lawsuit on behalf of everyone on the registry challenging these residency and employment restrictions. The lawsuit was filed in the United States District Court for the Northern District of Georgia in Atlanta. The defendants in the case are Governor Sonny Perdue, Attorney General Thurbert Baker, and all of the sheriffs in Georgia.

The named plaintiffs are eight people on the registry. The plaintiffs brought the lawsuit on behalf of all persons on the registry. In Whitaker v. Perdue, the plaintiff class has been defined as “all persons who are registered, are required to register, or in the future will be required to register as sex offenders pursuant to § 42-1-12.” If you are on the registry, you are automatically a part of the plaintiff class. You do not need to request to be included in the lawsuit.

Here is some information that may help with understanding Georgia’s sex offender law and the Whitaker v. Perdue lawsuit.

To stay informed about this lawsuit, please subscribe to our List Serve.

Click here for FAQ's about the litigation and the law.

 To read the complaint, please click here.

For news articles about this case, click here.

For an overview of Whitaker, click here.

Read Senate Bill 1, passed, by the 2008 Georgia General Assembly.

Click here for Public Safety Resources.