ACSOL: McGuire V. Marshall: Alabama Court Rules Residency Restrictions Violate Constitution

May 29
A federal district ruled on May 23, 2024 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 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.

In addition to the state law regarding residency restrictions, the court also reviewed several additional state laws applicable to individuals required to register.  Those laws included but were not limited to, a loitering prohibition, identification on drivers’ licenses and the dissemination of personal information on the Alabama Megan’s Law website.  The court did not strike any of those state laws, but instead decided in favor of the government by upholding them as constitutional.