June 2006

Whitaker v. Perdue

The lawsuit challenges a Georgia law, signed on April 24, 2006, that requires that people convicted anywhere in the United States of a sexual offense with a minor must register their address to live in the state of Georgia. The law further dictates that the offenders residence must be 1,000 feet away from places where children are likely to gather and expands the definition of a sex offender beyond those convicted of predatory or violent acts against minors, and includes statutory rape convictions levied against adolescents for acts in a consensual relationship. The law contains no clauses to protect a registered offender who owns a home if a child care facility, school, or church opens within the 1,000 foot property line distance. It also fails to make provision for any hardship exemption due to illness, advanced age, financial hardship, or disability.

In June 2006, the Southern Center for Human Rights and the American Civil Liberties Union filed a class action lawsuit, Whitaker v. Perdue, to challenge the Georgia law. The lawsuit says that the law is too harsh in its penalties, too broad in its restrictions, and too rigid in its application. For example, as written, the law forces an offender who has a pre-existing residence or workplace to move or change jobs if a day care center or church opens within 1,000 feet of the residence or workplace property line.