Legal Challenge to West Virginia’s Registry Fee Moves Forward with Preliminary Injunction Motion

By Philip . . . NARSOL & WVRSOL File Preliminary Injunction Motion in its Challenge to West Virginia Sex Offender Registry Annual Fee.

Executive Summary

Preliminary Injunction Motion Filed – Challenge to West Virginia Sex Offender Registry Annual Fee

  • What was filed
    • Plaintiffs filed a Motion for Preliminary Injunction in the U.S. District Court for the Southern District of West Virginia seeking to halt enforcement of West Virginia Code § 15-12-2(o) during the pendency of the case.
  • What the statute does
    • Imposes a mandatory $125 annual fee, for life, on every person listed on the West Virginia Sex Offender Registry.
    • No waiver, no hardship exception, no hearing on ability to pay.
    • Nonpayment triggers an automatic judgment lien against a registrant’s property.
  • Who is affected
    • Approximately 6,450 registrants statewide, including elderly, disabled, and indigent individuals.
    • Named plaintiffs include individuals on fixed or subsistence income, including one who relies entirely on SSI and SNAP.
  • Core constitutional claims
    • Eighth Amendment (Excessive Fines):
      • The assessment is a punitive fine, not a regulatory fee, because proceeds are directed to State Police mental-health services and general operations, not registry costs.
      • A lifetime, flat annual charge untethered to cost, risk, or culpability is grossly disproportionate.
    • Fourteenth Amendment (Due Process & Equal Protection):
      • Punishes individuals solely for poverty, without any inquiry into ability to pay.
      • Imposes property deprivations (liens) without notice, hearing, or meaningful opportunity to contest.
  • Why immediate relief is necessary
    • Enforcement causes ongoing, irreparable harm:
      • Property encumbrances
      • Credit destruction
      • Barriers to housing and employment
    • These harms cannot be undone after the fact by monetary relief.
  • Relief requested
    • Temporarily enjoin the collection of the annual fee.
    • Prohibit recording or maintaining liens arising from alleged nonpayment.
    • Preserve the status quo until the court resolves the constitutional claims.
  • Bottom line
    • The motion asks the court to stop enforcement of a lifetime, poverty-blind financial penalty that operates as punishment and property deprivation without due process, while the case is litigated.

Constituent Announcement

Federal Court Filing Challenges West Virginia’s Lifetime Registry Fee

Today, plaintiffs in a federal civil rights case filed a motion for preliminary injunction asking the court to immediately stop enforcement of West Virginia’s annual sex offender registry fee while the case proceeds.

The challenged law requires everyone on the registry to pay $125 every year for life, with no waiver for disability, age, or inability to pay. If a person cannot pay, the State may automatically place a judgment lien on their property, damaging credit and limiting access to housing and employment.

The motion explains that this fee is not used to operate the registry. Instead, the money is diverted to State Police mental health programs and general operations, making the charge a punitive fine rather than a regulatory cost. Plaintiffs argue that imposing a lifetime financial penalty—without regard to income or circumstances—violates the U.S. Constitution’s protections against excessive fines, punishment for poverty, and deprivation of property without due process.

Notably, the filing highlights the real-world harm caused by the law:

  • Elderly and disabled registrants living on fixed incomes
  • Individuals forced to choose between basic necessities and compliance
  • Automatic liens that follow people indefinitely and cannot be meaningfully challenged

The requested injunction would pause collection of the fee and prevent the filing of new or existing liens during the case. It would not affect public safety, registry reporting, or law enforcement operations—only the collection and enforcement of a constitutionally suspect charge.

This filing represents a critical step toward ensuring that West Virginia’s laws protect public safety without imposing permanent financial punishment based solely on poverty.

Frequently Asked Questions (FAQ)

Q: What exactly was filed in court?

  • A motion for preliminary injunction asking the federal court to temporarily stop enforcement of West Virginia’s annual $125 registry fee while the lawsuit proceeds.

Q: Does this mean the fee has been struck down already?

  • No. This motion asks the court to pause enforcement pending a complete constitutional challenge, given ongoing harm.

Q: Who would be protected if the injunction is granted?

  • At a minimum, the named plaintiffs. Because the law operates automatically and uniformly, the motion asks the court to stop enforcement more broadly, thereby effectively protecting all registrants during the case.

Q: What enforcement actions would be stopped?

  • Collection of the annual fee
  • Recording new liens
  • Maintaining or enforcing existing liens during the litigation

Q: Do registrants still have to comply with registration requirements?

  • Yes. This case does not challenge registration itself—only the lifetime annual fee and lien enforcement.

Q: Why is the fee considered unconstitutional?

  • The filing argues the fee is a punitive fine, not a regulatory cost, because:
    • It is charged every year for life
    • There is no ability-to-pay review
    • The money is used for State Police operations, not registry administration
    • Nonpayment results in automatic property liens

Q: What harm is the court being asked to prevent right now?

  • Immediate and ongoing harm, such as:
    • Credit damage
    • Barriers to housing and employment
    • Permanent property encumbrances

      These harms cannot be fixed later with monetary damages.

Q: What happens next?

  • The State will have an opportunity to respond.
  • The court may set an expedited briefing schedule and hearing.
  • The judge will decide whether to grant temporary relief while the case continues.

Q: Does this case affect fees already paid?

  • No decision has been made on past payments. The current motion focuses only on stopping enforcement going forward during the lawsuit.

What should registrants do right now?

  • Do not panic or assume the fee is canceled.
    • The court has not yet ruled. The motion asks for a pause in enforcement while the case is decided.
  • Do not ignore official notices.
    • If you receive a payment notice or lien-related communication, keep it and note the date received.
  • Document everything.
    • Save:
      • Payment receipts
      • Certified mail notices
      • Lien filings
      • Credit report entries related to the registry fee
    • This documentation may become important later.
  • If you cannot afford the fee, do not incur new debt to pay it.
    • The lawsuit challenges the explicit punishment for the inability to pay. Do not worsen your financial position out of fear.
  • Stay informed through official updates.
    • Rely on updates from WVRSOL/NARSOL or court filings—not rumors or social media speculation.
  • Do not stop complying with registration requirements.
    • This case challenges only fee and lien enforcement, not registration or reporting duties.
  • If a lien is filed against you now:
    • Preserve all paperwork.
    • Do not attempt to resolve it without understanding your options.
    • Monitor your credit report for changes.
  • Be prepared for rapid changes.
    • If the court grants the injunction, enforcement may stop immediately.
    • Clear guidance will be issued if and when that occurs.

Supporting Documentation