Registrant Apartheid: A Warning on Government Infringement

There is a saying that every man’s home is his castle. This saying originated from ancient Rome and later became a part of values with regards to privacy and security. There is a certain amount of honor in having a space to call your own. Rather it is a house, apartment, mobile home, camper, tent, motel room, shelter, or couch surfing home is where you should feel welcome, comfortable, and safe.

quid enim sanctius, quid omni religione munitius, quam domus unusquisque civium?
What more sacred, what more strongly guarded by every holy feeling, than a man’s own home? —Cicero

Upon visiting the doorsteps of others, there is often a welcoming greeting mat awaiting your either expected or unscheduled arrival. The welcome is clear that you are valued as a person with the freedom to engage with others unrestricted without the need of chaperon or assistance. However, society has turned from its welcoming mats to a sorted inquisitive band of uncertain litmus tests using a scoring mechanism only they understand. It is as if people that are supposed to be our trusted friends and allies have suddenly become narcissists?

There are plenty of narcissistic people on the planet (perhaps you know a few on Twitter?). But a home whether permanent or temporary shouldn’t be subjected to emotional strain and narcissistic behaviors in the forms of businesses sharing guest information with police.

A few years ago the hotel chain Motel 6 began a voluntary program sharing hotel guest information with police. Police would then run the guest information by national criminal computers to check for outstanding warrants, immigration, and sex offenders perhaps staying on its properties. Many of those snared took the issue to court and won massive legal settlements against the hotel chain.

Motel 6 will pay $12 million to settle lawsuit after sharing guest info with ICE

Recently the state of Florida introduced a legislative bill mandating that hotels or forms of lodging check all guest information for potential sex offenders visiting the state or seeking shelter. Florida already has the worst conditional restrictions for those visiting or living in the state. But to go a step further creeping into the privacy of a business to share its guest information with police is far reaching into dangerous territory. Sooner or later the police checks will expand into other sensitive details allowing firms to cherry pick who it chooses to allow as guests. We can see it now that as an example of the story of John Smith. John Smith is visiting Orlando on business. Back home in Texas he has a lovely wife and two wonderful children still in school. However John planned a discreet rendezvous with a lovely lady he met through a phone app. He checks into the hotel; the hotel runs a check and police come busting in because John Smith shows as a registered sex offender from Texas! However, it is the wrong John Smith. Now his embarrassment surfaces on a TMZ Odd Storys TV segment. His marrigage is instantly shattered placing his infidelities in public light. His future to mend ways with his wife and family are in peril. Rather than quickly blaming John for his poor choice of action or blame upon the police, the hotel is the key responsible party for sharing his mandated data. Sure, Mr. Smith was in the wrong for cheating, but his rights to privacy and his castle was violated. If Florida wants to check guests staying for 30 days or more, then that may be a bit more reasonable than staying overnight or a few days? Mr. Smith may have a civil claim with some very interesting litigation potentially placing a hotel chain in bankruptcy from the settlement he could receive? Nevertheless, the business has a duty and responsibility to protect consumer data, its property, and its guests. The hotel didn’t call the police. Instead, the law supersedes the business ability to act within autonomous actions by making a warrantless searches much easier.

Apartheid (segregation; lit. “separateness”): a system of institutionalized segregation characterized by an authoritarian political culture. It entailed the separation of public facilities, social events, housing, and employment opportunities. Complex laws are created to suppress and punish both individuals or supporters.

All this unnecessary panic legislation has taken liberty and freedoms this country embraces into a practicing police state. The nation and states already have a public sex registry tied into schools, employment, apartments, and volunteer organizations. It is frustrating enough to pay extra fees to the government to take part in PreCheck amenities to prove I’m not a flight risk to go through airport security. But laws similar to Florida are opening a door to only the privilege that PreCheck styled services or data sharing between businesses and police will extend to hotels, car rentals, U-Haul, gyms, hospitals, and perhaps to retail stores with fitting rooms.

For decades Americans have tried every method possible to rid of policing within bedrooms or homes. It is one thing when a person commits a criminal offense. But to begin a trend instructing a person where, when, and how they may live is unAmerican. When any government branch instructs by policy a business to share user data for a paid services without consent and expectation of reasonable privacies, it endangers free movement and prohibits choice. Services aren’t the same as purchasing bullets, dynamite, drugs, or restricted materials. The castle that we choose to make our home will always be a human right. The defense of that castle is a government facilitating registrant apartheid no different than blockbusting tactics and a revision of sundown towns.

Sundown towns, also known as sunset towns or gray towns, were all-white municipalities or neighborhoods in the United States that practiced a form of segregation—historically by enforcing restrictions excluding people not white via some combination of discriminatory local laws, intimidation, and violence.

There are many sex offense laws on the books with residential restrictions, employment exclusions, public space constraints, social media limitations, and the list goes on. If someone made a smartphone app to provide legal information to registrants or the curious, it would be inconceivable to develop. It is perhaps why there won’t be an app for that particular purpose because updates would have to occur daily to keep up with legislation, legal decisions, and refined interpretations. Pretty much the future of iPhones would require a Tesla vehicle battery pack to keep up with sex offender laws on any given day!

America is no longer the home of the free. Instead, it may reconsider changing it to Home of the Fee. There is nothing more disgusting than watching America with a populist agenda sway from the governance of law to experiment with socialist criminal law, embracing utilitarian principles. We are a society on a pathway towards the destruction of individual liberty but for the beginning of government interference upon capitalism and autonomy thanks in part to states such as Florida leading the way to mandate sharing consumer information without any probable cause.

Surely the utilitarian must admit that whatever the facts of the matter may be, it is logically possible that an ‘unjust’ system of punishment—e.g. a system involving collective punishments, retroactive laws and punishments, or punishments of parents and relations of the offender—may be more useful than a ‘just’ system of punishment?H. J. McCloskey

Sure, the notion of every man’s home is his castle is undoubtedly questionable as America continues its quest to legislate freedoms. Perhaps it should say, every man’s home was once his castle.

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We Created Discrimination​

Many believe that prejudice is influenced or taught in the home. I suspect that could be a plausible argument. However, I tend to think that forms of discrimination are formed from particular events. I would cite such facts such as soldiers being deployed to Iraq and engaging with faction groups posing as soldiers. It could also be argued that military leadership paints a portrait of Muslim culture or middle easterners as radicals. We commonly hear and see this rhetoric often by soldiers displaying “morale” patches or scribbled helmet sayings similar to the days of “Commie Killer” adorned on cold war helmets.

But why are Americans suddenly anti-Latino or anti-Mexican? Immigrants typically embrace jobs that American youth won’t take or apply. Is it that unfair prejudice is actually our malice and bitterness is that they are employable while most American youth won’t take a moment to apply? It reminds me of the days where migrant workers filled American farmlands picking anything from cotton to yams far less in wages, benefits, and protections than the typical American worker. Generations beforehand worked side by side to pass on time treasured traditions ensuring that families would hopefully pass on to future generations. Eventually, those generations abandoned the hard and heat sweltering work. This the era of migrants to fill the slack left by younger generations to seek higher education or other employment means. It was American farmers that opened the floodgates to welcome anyone that would take jobs ranging from farms, manufacturing, production lines, janitorial, cooking, and other low paying or low skill jobs. Today we see job construction sites filled with not faces of the typical white or afro-American worker. Instead, we see construction sites all over America with a diverse mix of Hispanic and foreign workers. What I don’t understand is companies and individuals insist on hiring Latino workers while at the same time treat them as potential criminals or quasi-servants. It is as if the middle and low class of Americans have somewhat created the underclass of society that will work but ridicules that class for taking all the jobs available in the first place? It doesn’t make sense, but we use immigration law to argue about the legality of something Americans skirted the law in the first place.

When any form of leadership creates a dialog that a particular group of people is criminally prone with no facts to support it, then perception becomes a reality. Influences such as hate-filled speech lead to discrimination. With that being said, Latinos as a whole in America have been falsely criminalized. There are those that oppose such language but appear to be falling on deaf ears or silenced by the power of government influence. Folks, a lot can happen in four years during a Presidential cycle. But what has transpired over the past year has the recipe of leading from political divisions towards a severe civil war where the firestarter could come from the Latino community – and legitimately so. I certainly do not wish or want any forms of fighting. But individuals within society have a right to protect their integrity and stability that they refrain from becoming labeled or wrongly classified. When certain politicians decide to take it upon themselves to invoke religious scripture, then society may experience repercussions like no other they have witnessed.

A suggestion to return to some form of normalcy is for Americans to accept responsibilities that they habitually cut corners by outsourcing, allowing immigrants, don’t enforce hiring practices, and skirt issues to get ahead. It is somewhat strikingly similar where Americans would foolishly recommend that if African Americans were not happy with America that they could go back to Africa. Such exaggeration is not only stupid but a magnification of how and where discrimination and bigotry originates.

Every so many decades Americans disdain for other cultures publically airs its own forms of prejudice. Such recent events are when Japan during the 1970’s gas crisis began importing cars to the United States. 1980 were when China started to import cheaper manufactured goods. 1990 were when people from India began infiltrating customer service and high tech job markets. 2000 when suddenly Mexicans that had been here in the millions were decidedly a threat to Caucasian populations. Perhaps we should take a moment and remember that the melting pot doesn’t belong to any race, religion, creed, sex, or identity. Just because you discover it doesn’t make it exclusively yours. We are a society elected by people supposedly of laws. But when we create laws to enforce upon a particular class of people, then we are no longer a democracy.