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.

A Summary of the 2010 Revisions (HB 571) to the sex offender law can be read here . The legislation can be read here.

For SCHR's most recent filing in this case, click here.

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

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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.

Click here for Public Safety Resources.

Petitions for Release From the Sex Offender Registry:

Pursuant to a new Georgia code section, O.C.G.A. § 42-1-19, certain people may petition a superior court for release from sex offender registration requirements and from any sex offender residency or employment restrictions. Please find attached some general information about petitions to get off the registry in Georgia.  This information applies only in Georgia and is current as of July 2011.  This information does not constitute legal advice.  Please note that the Southern Center for Human Rights cannot represent you or provide you with legal advice about how to petition for release from the sex offender registry. In addition, we do not have any "form" petitions to be removed from the registry.

You do not need to have a lawyer to file a petition for removal from the registry, but if you can afford one, it would probably be advisable to hire an attorney.  For a list of attorneys in your area, you might consult the website of the Georgia Association of Criminal Defense Lawyers at http://www.gacdl.org/.