Fearmongering abounds in report on Chilton Co. home reopening for registrants

This article was not well written, and there are stupid comments from both CJ Robinson and Debra Morrison. I have contacted the reporter but I don't expect miracles here.

At any rate, I'm glad to see that the home is up and running again!

http://abc3340.com/news/fighting-for-you/sex-offender-sanctuary-back-open-in-chilton-county

"Sex offender sanctuary" back open in Chilton County
by Cynthia Gould
Thursday, April 27th 2017

They fear their community has become a sanctuary for rapists and child molesters. Their efforts to fight back have been shot down by a federal judge. ABC3340's Fighting For You investigated the situation in Chilton County, where residents say the law is not on their side.

Debra Morrison says she expected peace and quiet working her catering business from her home outside Clanton. Instead those dreams were shattered when she started getting sex offender notifications, lots of them.

"We figured it out; the preacher never told us," explains Morrison. Triumph Church Preacher Ricky Martin was setting up a half way house of sorts. The cluster of trailers behind his church and home are now home to convicted rapists and molesters.

"Nobody wants to be here now; it's too unsettling," says Morrison. The trailers are just yards from her backyard, where her grandchildren play. Morrison says she believes in second chances and knows they have to live somewhere, but so many and so close she questions. "We're stuck. It destroyed our community," explains Morrison.

She tells us of a scary incident: a man knocking on her granddaughter's window saying he "wanted the baby." Deputies were called.

Prosecutor CJ Robinson became alarmed seeing all the released prisoners coming from all over Alabama, even other states moving to the church property. The majority of their victims.. young children.

"Just two out of fifty were from Chilton County. It's alarming this has become a sanctuary for sex offenders," worries Robinson. He pushed legislation preventing such clustering of sex offenders. Pastor Martin sued and the ACLU took his case arguing his religious rights were being violated.
"We saw the handwriting on the wall. The law was repealed," recalls Robinson. He says the county couldn't afford a million dollar court fight they would not win. "It's a good example of an overreaching federal government that thinks it knows better how to run a local community," says Robinson. Late last year the lawsuit was dropped in federal court. Not long after, the sex offenders started moving in again.

ABC3340 News tried to speak with Pastor Martin. He referred us to his ACLU attorney. But repeated calls and emails were not returned..

In published reports Pastor Martin has said he is trying to help the men. Some though question his motives. They ask is he really helping them or just taking their money renting out the small trailers so they have an address as required by law? They do not see any rehabilitation or counseling efforts.
Chilton County Sheriff John Shearon says his deputies will continue to work to make sure the sex offenders abide by the law. The total number of sex offenders in Chilton County now stands at 154. ABC3340 News saw three on the church property during our recent visit.

"We're gonna buy a gun and have discussed a security system," says Morrison. But even with that, she says she'll never really feel safe again in her own home.

If Christ is truly Melanie's king, then you'd think she'd remember "Thou Shalt Not Kill!"

Alabama quietly repeals Chilton County's anti-clustering laws in light of Triumph Church's lawsuit

Earlier, I posted a news article on the push to repeal Chilton County's ordinance which forced registered citizens to live at least 500 feet away from each other. In light of a lawsuit by Triumph Church, the legislature repealed the law, so now it is possible for Triumph Church to resume its ministry. 

http://alisondb.legislature.state.al.us/alison/searchableinstruments/2016FS/bills/SB10.htm

SB10 (2016 Special Session)

By Senator Chambliss

ENROLLED, An Act,

Relating to Chilton County; to repeal Section 45-11-82, Code of Alabama 1975, relating to residential limitations on adult sex offenders.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 45-11-82, Code of Alabama 1975, relating to residential limitations on adult sex offenders, is repealed.

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Triumph Church could triumph if legislature passes special bill to undo Chilton Co. Anti-clustering ordinance

They should repeal Jefferson County's ordinance while they are at it.

I wish I could see Kurt Wallace's face when he read this :)

http://www.al.com/news/index.ssf/2016/08/law_that_ended_alabama_ministr.html#incart_river_home

Law that stopped Alabama ministry for sex offenders could be repealed

By  Mike Cason | mcason@al.com
Email the author  Follow on Twitter
on August 23, 2016 at 12:57 PM, updated August 23, 2016 at 1:40 PM

The Alabama House of Representatives could pass a bill today to repeal a law that ended a Chilton County pastor's ministry for sex offenders.

Pastor Ricky Martin provided transitional housing for sex offenders released from prison in trailers behind his church, Triumph Church, which is next door to his house.

The church is on a two-lane highway on the outskirts of Clanton.

A total of about 60 men lived on the property during the several years Martin operated the ministry, with generally 10 to 12 living there at any one time.

Chilton County officials said some residents in the area were concerned about having a group of sex offenders living together near them and began pursuing legislation to address that.

In 2014, the Legislature passed a law, pertaining only to Chilton County, prohibiting sex offenders who are not related from living on the same property unless their residences are at least 300 feet apart.

The law said that violations constituted a public nuisance subject to civil fines of $500 to $5,000.

Martin closed his ministry after the law passed. He filed a federal lawsuit claiming that the law violated his First Amendment right to practice his religion.

He also claimed the law violated the federal Religious Land Use and Institutionalized Persons Act, which says governments need a compelling reason for regulations that place a burden on the exercise of religion.

The state asked the court to dismiss Martin's lawsuit. But U.S District Judge W. Keith Watkins has denied those requests, most recently in a July 25 order.

Last Wednesday, during the first week of a special legislative session, the Alabama Senate passed a bill to repeal the 2014 law that Martin challenges in his lawsuit.

The bill is on a proposed agenda the House is expected to consider today.

"It's quite clear, given the timing, that the legislative act to repeal it is a direct result of Pastor Martin's lawsuit," said attorney Randall Marshall of the ACLU of Alabama, who represents Martin.

Marshall said Martin plans to resume his ministry if the law is repealed.

Court rules Martin's lawsuit against Chilton Co. over anti-clustering law can continue

CLICK HERE to read the actual court ruling. The short answer is that the Court has denied the state's motion to dismiss the lawsuit. This court determined that the

https://www.rluipa-defense.com/2016/08/federal-court-rules-alabama-sex-offender-law-is-land-use-regulation-under-rluipa/

Federal Court Rules Alabama Sex Offender Law is “Land Use Regulation” Under RLUIPA
BY EVAN SEEMAN, KARLA CHAFFEE AND DWIGHT MERRIAM ON AUGUST 4, 2016
POSTED IN LAND USE REGULATION, SUBSTANTIAL BURDEN

We previously reported on the case Martin v. Houston,  CASE NO. 2:14-CV-905-WKW [WO] (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state legislature’s enactment and enforcement of a sex offender law that prevented the pastor’s transitional housing program.  The law in question (Alabama Code § 45-11-82) (the “Act”) prohibited individuals whose names are listed on the Alabama sex offender list from living together in the same home, and further provides that offenders cannot live on the same property as another offender unless the homes are at least 300 feet apart.  In response to the threatened enforcement of the Act, the pastor discontinued his transitional housing program.  Read or prior post about the case here.

Previously, in considering the defendant’s motion to dismiss all claims, the court ruled that the pastor had to “show cause” why the court had jurisdiction to consider his RLUIPA substantial burden claim.

Last week, the court ruled that it had jurisdiction over the RLUIPA substantial burden claim.  What is particularly interesting about the court’s decision is that it finds that the Act is a “land use regulation” under RLUIPA.  Recall, RLUIPA applies only to land use regulations.  The Court stated:

It first bears noting that the precise definition of “zoning” is difficult to delineate….  In general terms, zoning refers to the “legislative division of a region, esp[ecially] a municipality, into separate districts with different regulations within the districts for land use, building size, and the like….”

The Act makes territorial divisions in the same way.  It divides the state of Alabama into two districts: one where sex offenders may not live within 300 feet of each other, and one where they may.  The former includes the entirety of Chilton County, and the latter comprises all other counties within the state.  Rather than imposing in personam restrictions on adult sex offenders themselves, the legislature opted to limit the acceptable uses of property within the Chilton County zone.  In this sense, for purposes of applying the individualized assessments prerequisite, the Act qualifies as a zoning law, and thus constitutes a land use regulation.  (citations omitted)

The court also found that the allegations supported the finding at this point in the proceedings that the enactment and threatened enforcement of the Act against the pastor’s property was an individualized assessment for the proposed use of his property.  Further, the court concluded that the RLUIPA claim was adequately pled, based on the pastor’s allegation that the Act “applied sufficient pressure … such that it coerced him to cease his settlement ministry, which he maintained in furtherance of his religious beliefs.”

Alabama pastor wins round in freedom of religion lawsuit

It is a small victory. The battle is far from over.

http://www.al.com/news/index.ssf/2016/04/alabama_pastor_wins_round_in_f.html

Alabama pastor wins round in freedom of religion lawsuit

By Mike Cason | mcason@al.com 
Email the author | Follow on Twitter 
on April 07, 2016 at 8:38 AM
A Chilton County pastor has won a round in his federal lawsuit challenging a state law that ended his residential ministry for sex offenders.

U.S. District Judge Keith Watkins on Wednesday denied the state's requests to dismiss the claims by Ricky Martin, who sued in 2014.

Martin, pastor of the Triumph Church, provided housing for sex offenders who were released from prison in campers on property he owned behind the church.

Martin and his wife live next door to the church, which is on the outskirts of Clanton.

About a dozen men normally lived there at one time, a total of about 60 during the whole time Martin operated the settlement, according to Watkins' order.

State law restricts where sex offenders can live. For example, they cannot live within 2,000 feet of a school or child care facility.

Two years ago, the Legislature passed a bill, pertaining only to Chilton County, that prohibited two or more registered sex offenders from living on the same property unless the homes were at least 300 feet apart.

That forced Martin to evict the men living on his property.

In his lawsuit, Martin claimed the law infringed upon his right to freely practice his religion under the First Amendment, among other claims.

Chilton County District Attorney Randall Houston, named as defendant in the case, asked the court to dismiss it.

But Watkins ruled on Wednesday that Martin had sufficiently made a claim that the law "creates a burden on his sincerely held religious beliefs," allowing the case to proceed.

Watkins also allowed Martin to proceed on claims that the law is a "bill of attainder" because it singled him out and that the law violates his due process rights.

The American Civil Liberties Union of Alabama is representing Martin in the case.

"We're really quite encouraged by the judge's opinion," ALCU of Alabama Legal Director Randall Marshall said Wednesday.

The attorney general's office, which represents Houston, declined comment.

C.J. Robinson, a prosecutor with the Chilton County district attorney's office, told the Associated Press two years ago that he did not doubt the sincerity of Martin's ministry, but said it was not safe having that many sex offenders in one place.

Former state Rep. Kurt Wallace of Maplesville said at the time he sponsored the bill that families who lived near the church were worried about the safety.

New law forces Chilton. Co. sex offenders to leave pastor’s backyard

I don't know why Pastor Martin lacks the backbone to speak out on this. CJ Robinson is a blithering idiot. One has to wonder if Cracker Jack gives Alabama law degrees as prizes.

http://wiat.com/2014/06/27/new-law-forces-chilton-co-sex-offenders-to-leave-pastors-backyard/

New law forces Chilton. Co. sex offenders to leave pastor’s backyard
By Kaitlin McCulley
Published: June 27, 2014, 6:53 pm Updated: June 27, 2014, 7:00 pm

CHILTON COUNTY, Ala. (WIAT) — A man’s dream to rehabilitate convicted sex offenders is coming to an end.

Since 2010, 53 sex offenders released from prison have moved in to trailers in Ricky Martin’s backyard. The property is located at 40 County Road 374 in Chilton County. Of those 53 convicted offenders, 32 are convicted rapists and 21 have been convicted of molestation. 43 committed crimes against children.

Martin pastors Triumph Church, also on his property. Neighbors tell WIAT 42 they do not feel safe in their homes.

Debra Morrison lives next door to Martin and the sex offender camp in his backyard.

“Usually when you go to grandma’s house and you want to go swing on the swing, usually that’s ok,” Morrison said. “But not here.”

Morrison’s young grandchildren are frequent visitors to her home.

“When they come to Nana’s, they know that we’ve got to be with them at all times,” Morrison said. “And they’re scared. There’s always fear, even when we go to bed at night.”

Chilton County Chief Deputy District Attorney C.J. Robinson said neighbors will not have to feel that way much longer. A legislative bill was passed recently,requiring sex offenders in Chilton County to live at least 300 feet apart from each other. The seven remaining offenders living on Martin’s property must leave by July 1st.

“This might be the only chance I ever have as a prosecutor to try to take steps on the front end,” Robinson said. “If there’s something I can do to keep a child from being victimized.”

Morrison is thankful her worst fears have not become a reality. She hopes soon, “Nana’s house,” will be a place of carefree fun.

WIAT 42 Reporter Kaitlin McCulley talked with Martin, but he declined to be recorded on camera for this report and would not answer questions on-the-record. His only comment regarding the sex offenders is this: “I hope they continue their relationship with Christ when they leave here.”

(Copyright WIAT 42 News 2014)

Rep. Kurt Wallace pulls backroom deal to pass a Segregationist (anti-clustering) bill in Chilton County

While ReFORM-AL was mounting opposition for a statewide anti-clustering bill, professed "Christian Conservative" State Rep. Kurt Wallace pulled out the politician playbook and called a trick play.

Random anti-Kurt Wallace Political Ad

This is how they built typically passes to the Alabama Legislature. A bill is introduced and assigned to a committee. There is generally time allotted for the public to become aware of a pending bill. Before a bill passes committee, the public has a right to request a public hearing on the bill at hand. It is a narrow window, but an individual generally has at least a couple of weeks or so to catch a bill as it pops up before committee.

With HB 556, and anti-clustering bill just for Chilton County, the public was literally given a single day’s notice. On Thursday, February 27, 2014, HB 556 was introduced and read for the first time before the house legislature, and was assigned to the “LL” (local legislation) committee. By Tuesday, March 4, the bill had been read a second time and placed on the calendar, and the next day, it had been read a third time and put to a vote. Only 38 representatives voted, all of them “yea,” of course, and 47 representatives were not even present to vote on March 5.

In short, the public was never truly given adequate notice. ReFORM-AL had been checking the Alabama state legislature (“ALISON”) website every Friday during the legislative season, and not a single notice of HB 556 was seen. A bill was literally introduced and passed through the house in five business days, but that a single notice given to those who were to be impacted by these laws.

Keep in mind at this point, once a bill goes before the full legislature outside of committee, the public cannot request a public hearing. The best hope is to attempt to stop the bill by convincing legislators outside of committee to vote against the bill. To be honest, how many people do you think actually read, debated, or consider the negative consequences of this bill?

Could we have stopped the bill in the Senate? Since no one was even aware of HB 556, no one realized that the very next day, the bill was read for the first time in the Senate. The following Thursday, March 13, the bill was read a second time, and on Tuesday, March 18, the bill was read a third and final time and was put to a vote. This time, 21 people voted yea, and three people voted to abstain from voting. It was “enrolled” and sent for the governor to sign.

In total, 18 days had passed between the time the bill was first read in the time the bill was sent to the governor's office, or rather, 12 business days. That is superfast by Alabama Legislature standards.

State Rep. Kurt Wallace has been pushing his segregationist policy for years, all just to shut down a transitional housing program in his home County. This time, he got what he wanted. ReFORM-AL has already received a number of phone calls from individuals negatively impacted by this countywide ordinance. It is amazing how Wallace and his stooge CJ Robinson pushed for this idiotic legislation while admitting that residency restriction laws were the cause of the problem in the first place, testifying that these laws lead people to take advantage of registered citizens.

It seems the “good old boy” network is alive in rural Alabama. I'm sure Jesus is just ecstatic that Wallace has made people homeless in his name. On the upside, Wallace just lost his bid for re-election.

So here is the bill in its entirety. It seems violating the bill is a "civil" penalty. In other words, they will sue you into poverty.

ENROLLED, An Act, Relating to Chilton County; to prohibit certain sex offenders from establishing residence within a home or other living accommodation with another sex offender; to prohibit certain sex offenders from establishing a residence within a home or other living accommodation that is located on a lot or piece of property where another sex offender has established a residence unless there is at least 300 feet between the residences; and to provide civil penalties for violations.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall only apply in Chilton County.

Section 2.
 (a) No adult sex offender shall establish a residence in a home or other living accommodation where another adult sex offender whose name appears on the Alabama Bureau of Investigation sex offender registry resides unless the offenders are married or the offenders are related as ancestors or descendants by blood or adoption, as brothers or sisters of the whole or half-blood or by adoption, as stepchildren or stepparents while the marriage creating the relationship exists, or as aunts, uncles, nephews, or nieces of the whole or half-blood.
(b) No adult sex offender shall establish a residence in a home or other living accommodation that is

located on the same lot or piece of property as another adult sex offender whose name appears on the Alabama Bureau of Investigation sex offender registry, unless there is at least 300 feet between the residences or the offenders are married or the offenders are related by blood or adoption, as brothers or sisters, as stepchildren or stepparents while the marriage creating the relationship exists, or as aunts, uncles, nephews, or nieces of the whole or half-blood. 

Section 3. 

A violation of Section 2 shall constitute a public nuisance. The district attorney may institute a civil action in the Circuit Court of Chilton County before the resident Circuit Judge for the Nineteenth Judicial Circuit against the owner or lessor of the property on which the nuisance exists for the purpose of abatement of the nuisance. The district attorney shall have the right to reimbursement of all costs associated with the litigation of the action, to be paid by the defendant. 

Section 4.

 The court, at its discretion, may assess a civil fine of not more than five thousand dollars ($5,000) nor less than five hundred dollars ($500) against the defendant for each separate civil action. The civil penalties shall be payable directly to the Office of the Circuit Clerk of Chilton County and disbursed evenly among the district attorney's office and the office of the circuit clerk.

Section 5. 

The county commission may develop and implement forms and procedures for the issuing of citations for civil violations and payment of civil penalties to implement this act. 

Section 6. 

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.