Court declares Alabama’s community notification act unconstitutional
Nov. 4, 1999
The American Civil Liberties Union of Alabama received a declaration yesterday from U.S. District Judge Myron Thompson that officials of the state of Alabama violated the constitutional rights of a Montgomery man by determining that Alabama’s controversial Sex Offender Community Notification Act applied to him without providing him notice and an opportunity to be heard. The man, identified only as John Doe, was convicted in a court outside the Alabama state court system. Earlier this year, the ACLU challenged the law on the basis that the state failed to provide basic constitutional safeguards.
Judge Thompson agreed with the ACLU, finding that the state violated Doe’s constitutional right to procedural due process, guaranteed under the fourteenth amendment to the U.S. Constitution. The state did not oppose the ACLU’s request for the ruling.
“This ruling applies to one aspect of the notification act, and several challenges remain before the court,” stated David Gespass, ACLU cooperating attorney. “This ruling should provide some measure of protection for people convicted outside of Alabama.”
“The state of Alabama cannot arbitrarily violate the rights of their citizens. The basic principles of due process must be observed,” said ACLU cooperating attorney Kyla Groff.
No date has been set for a final hearing on the remaining issues.
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