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Sex Offenders May Challenge Miami Residency Restriction

Several sex offenders challenged on Ex Post Facto grounds a Miami ordinance that bans any “person who has been convicted of any one of several enumerated sexual offenses involving a victim under sixteen years of age from ‘residing within 2,500 feet of any school.’”

The Eleventh Circuit held that the sex offenders had adequately alleged a violation of the Ex Post Facto Clause because the Miami ordinance appeared “excessive in comparison to its public safety goal of addressing recidivism.” The court further noted that plaintiffs had sufficiently alleged that “the County's residency restriction not only fails to advance, but also directly undermines, the goal of public safety.” Doe v. Miami Dade County, Florida, No. 14-14336 (11th Cir. 2017).

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

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