Editor’s Note: Chief Judge of the United States District Court Greg Stivers modified the injunction to state that the law is not enforceable against the anonymous plaintiff at this time. County Attorney John Burlew said he was informed of Stivers’s new option early Friday morning.
Burlew also indicated that the law is enforceable at this time against anyone other than the plaintiff. Stivers also denied all class certifications, leaving Burlew as the only named defendant.
Burlew also said that he and his defense, Kentucky Attorney General Russell Coleman’s office, still plan to appeal Stiver’s injunction to the U.S. Sixth Circuit Court of Appeals.
——-
A Kentucky law requiring child sex offenders to display their full legal name across all social media platforms is in limbo after an anonymous “John Doe” filed a lawsuit challenging the legislation. Local legislators who voted in favor of the bill, along with the state attorney general, have responded to the lawsuit.
Senate Bill 249 unanimously cleared both chambers of the Kentucky General Assembly before Governor Andy Beshear signed it into law during the 2024 legislative session.
However, before the law ever went into effect, an anonymous registered sex offender from Daviess County filed a lawsuit challenging the constitutionality of the bill. Chief Judge of the United States District Court Greg Stivers ruled in favor of the plaintiff, temporarily preventing county attorneys from enforcing it.
In his capacity as Daviess County Attorney, John Burlew is serving as the defendant in the case on behalf of all county attorneys statewide. According to Burlew, there are circumstances in which a person can file under a pseudonym, but the court has to approve it. The court did approve it in this instance, bringing Burlew to the forefront of the case because he’s the one who would prosecute “John Doe” should he ever violate SB 249.
State Senator Gary Boswell, from Owensboro, co-sponsored the bill and stands by its validity.
“I stand behind County Attorney John Burlew and all Kentucky county attorneys. I also stand behind SB 249,” Boswell said. “Our system is broken when convicted criminals are allowed to file these frivolous lawsuits. We need to be more concerned about the rights of victims, especially our children.”
Washington, D.C.-based attorney Guy Hamilton-Smith filed the lawsuit on behalf of the anonymous plaintiff.
“SB 249 was passed by the legislature and signed by the governor to protect all of our citizens,” Boswell said. “This lawsuit begs the question of who is paying this D.C. lawyer?”
After being served on June 7, Burlew contacted Kentucky Attorney General Russell Coleman’s office for representation.
Coleman, an Owensboro native, expressed his bold support of Burlew and their swift intentions to defend SB 249.
“At a time when parents across Kentucky are concerned about predators lurking online, the General Assembly unanimously decided to take bold action to protect our children,” Coleman said. “Our Office is quickly preparing to defend this law in the U.S. Court of Appeals for the Sixth Circuit and support the dedicated work of Kentucky prosecutors who are keeping our families safe.”
Despite the outpouring of bipartisan support, the law remains unenforceable following Stivers’s ruling.
State Representative Suzanne Miles, of Owensboro, also expressed her avid support of SB 249.
“Kentucky has a strong record of policies designed to protect our most vulnerable from convicted sex offenders,” Miles said. “This includes the sex offender registry and other measures designed to provide the public with tools and information. However, as technology changes and online platforms provide opportunities for predators to disguise their identity, our approach has to evolve as well.”
State Representative D.J. Johnson, of Owensboro, echoed a sentiment similar to Boswell and Miles.
“This is just one more way we can prevent those who have been convicted of a qualifying sexual offense from using anonymity as a tool to identify and prey upon potential victims,” Johnson said. “Our goal is to protect the innocent and ensure public safety.”
