• Alabama Court Rules Residency Restrictions Violate Constitution

    memorandum and order

    This article is from ACSOL website.

    A federal district ruled yesterday that a state law in Alabama that restricts where registrants may live violates the First Amendment of the U.S. Constitution. The court’s ruling was made in a 162-page decision that carefully reviewed the language of that state law as well as its impact upon more than 20,000 individuals required to register.

    According to the court, one part of the challenged residency restrictions adversely could affect the ability of registrants to attend church, participate in political events, visit family and access public libraries. Another part of the challenged restrictions could prohibit registrants from spending the night in a hospital emergency room or run in a marathon. The penalty for violating either part of the residency restrictions is a felony conviction.

    The court issued a final judgment in this case declaring both parts of the residency restrictions to be unconstitutional. However, in an unusual move, the court delayed the effective date of its decision for about 90 days, until September 30. The stated reason for the delay was to allow the state legislature an opportunity to revise the laws applicable to registrants.

    Please visit https://all4consolaws.org/2024/05/alabama-court-rules-residency-restrictions-violate-constitution/  to read the full article and the Memorandum Opinion and Order from the court.

    Categories: Constitutionality, Court Findings, News


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