NARSOL & WVRSOL: WV Registry Fee Challenge – State Files Motion to Dismiss

By Philip . . . NARSOL & WVRSOL WV Registry Fee Challenge – State Files Motion to Dismiss

⚖️ Case: Basham, et al. v Mitchell

Filed in the U.S. District Court for the Southern District of West Virginia (Case No. 2:26-cv-00408), the lawsuit was brought on behalf of approximately 6,450 West Virginians required to register under SORA.

📜 Overview of Motion

The State of West Virginia has filed a motion asking the federal court to dismiss the constitutional challenge to the state’s annual $125 sex offender registry fee in Basham v. Mitchell. A motion to dismiss asks the court to end a case before it proceeds further because, even if the facts alleged by the plaintiffs are accepted as true, the law does not provide a valid claim.

In its filing, the State argues that the annual registry fee is not a criminal punishment, but rather a civil fee intended to help fund the operation of the registry and related public safety functions. Because of that, the State contends the U.S. Constitution’s prohibition against retroactive punishment does not apply and that the lawsuit should be dismissed.

📜 What This Means

  • The State is asking the court to end the lawsuit without allowing it to move forward.
  • The State argues that the annual registry fee is a regulatory funding measure rather than an additional punishment for past convictions.
  • The motion relies heavily on previous decisions from the U.S. Supreme Court and other federal courts that have generally upheld sex offender registration laws as civil (not criminal) in nature.
  • The plaintiffs disagree with that position and maintain that the annual fee and its enforcement through property liens amount to a new punishment imposed years after their convictions, in violation of the U.S. Constitution.
  • The court has not ruled on the motion. Filing a motion does not mean the court agrees with either side.

📜Current Status / Next Steps

The case remains in its early stages. The plaintiffs will have an opportunity to file a written response explaining why they believe the lawsuit should continue. After the briefing is complete, the court will decide whether the case should be dismissed or allowed to proceed.

References:

State’s Motion to Dismiss: Basham et al. v. Mitchell v2.26-cv-00408_v7-21-26_State’s Motion to Dismiss

State’s Motion to Dismiss (memo): Basham et al. v. Mitchell v2.26-cv-00408_v7-21-26_State’s Motion to Dismiss (memo)