Case 2:15-cv-00606-WKW-SMD Document 170 Filed 03/11/19 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
_______________________________
)
JOHN DOE # 1 et al., )
)
Plaintiff, )
)
v. ) Case No. 2:15-cv-00606-WKW
)
STEVEN T. MARSHALL, et al., )
)
Defendants. )
_______________________________

RESPONSE IN OPPOSITION TO DEFENDANT’S

MOTION TO ALTER OR AMEND JUDGMENT

COMES NOW, the Plaintiffs, responding in opposition to the Defendant’s Motion

to Alter or Amend its Judgment (doc. 168).

This Court struck ASORCNA’s branded identification requirements as applied by

the State on February 11, 2019. Doc. 165. As such, the requirements cannot be lawfully

applied, in its current form, to any registrant of the statute. Instead of Secretary Taylor

sending simple electronic communication to its agency offices, informing them to honor

Plaintiffs’ and other registrants’ requests to exchange their identification for temporary

identification not bearing the current brand, Taylor is requiring the Plaintiffs to provide

their phone numbers to ALEA and travel to specific locations before the exchange is

possible. Only one Doe v. Marshall Plaintiff has been able to exchange his branded

identification due to the burdens placed even on the Plaintiffs.

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On February 18, 2019, ASORCNA registrant Michael A. McGuire, through

counsel, requested of ALEA Secretary Hal Taylor that he be allowed to exchange his

branded identification for one that is not branded with the current inscription, “CRIMINAL

SEX OFFENDER.” On February 20, 2019, Secretary Taylor, through counsel, denied Mr.

McGuire’s request and informed him that he would need to wait at least 90 days before he

may rid himself of the offensively branded license. Moreover, Secretary Taylor informed

undersigned that his plans are to inscribe ASORCNA registrant identification with a new

inscription going forward, a designation apparently chosen in “honor” of this Court.

On March 7, 2019, Mr. McGuire presented at the primary ALEA location where

Alabama identification is issued in his city. He requested that he be allowed to exchange

his branded driver’s license for one that is not branded. Mr. McGuire’s request was denied.

He was informed that he would have to wait 90 days from the date he presented to the

office to obtain a different license.

Because the content of the correspondence between undersigned and Secretary

Taylor concerns sensitive information, he attaches the correspondence hereto as Exhibit A

and files it under seal. The Court should deny the motion to alter or amend in the manner

the defendants suggest. If the Court amends its order in any way, it should order the

Defendants to honor the request of any registrant who wishes to exchange their branded

identification for a temporary one, as they claim they are doing for the Plaintiffs in this

matter.

Dated this the 11th day of March 2019.

/s/ Joseph Mitchell McGuire

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Joseph Mitchell McGuire (MCG044)

McGuire & Associates, LLC
31 Clayton Street
Montgomery, Alabama 36104
334-517-1000 (voice)
334-517-1327 (fax)
jmcguire@mandabusinesslaw.com

Attorney for Plaintiffs

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 Case 2:15-cv-00606-WKW-SMD Document 170 Filed 03/11/19 Page 4 of 4

CERTIFICATE OF SERVICE

On March 11, 2019, I filed the foregoing with the Clerk of the Court via CM/ECF

which will notify all counsel of record.

/s/ Joseph Mitchell McGuire