Court Dismisses Registry Fee Case Without Prejudice – Obligations Remain

Update on Kaso et al. v. Mitchell (S.D. W. Va.)

A federal court has dismissed the lawsuit challenging West Virginia’s sex offender registry fee, but the case is not over.

What the Court Decided

• The judge granted the State’s motion to dismiss, meaning the current version of the lawsuit cannot proceed.
• Importantly, the case was dismissed without prejudice.
  • This dismissal type means the Court did not issue a final ruling on whether the law is constitutional.
  • The plaintiffs are allowed to revise and refile the case.

Why the Case Was Dismissed

The Court’s decision focused on technical legal requirements, not a full evaluation of the claims:

• Eighth Amendment (Excessive Fines)
  • The Court found the complaint did not sufficiently show that the $125 annual fee is “grossly disproportionate” to the underlying offenses.
  • Without that showing, the claim could not move forward.
• Fourteenth Amendment (Due Process and Equal Protection)
  • The Court determined the complaint did not establish:
    • Unconstitutional unequal treatment under current legal standards, or
    • A requirement for additional procedural protections (such as hearings before fees or liens are imposed).
• The judge did not definitively rule on whether the fee is punitive or unconstitutional.

What “Dismissed Without Prejudice” Means

• The case is temporarily closed, not permanently ended.
• The Court identified deficiencies in how the claims were presented, not necessarily in the underlying legal arguments.
• The plaintiffs have the opportunity to:
  • Amend the complaint, and
  • Refile the case with additional detail or legal support

What Happens Next

• The legal team is actively analyzing the Court’s decision.
• A strategy for next steps, including potential refilling, is being developed.
• An update is expected within 1–2 weeks.

Advisory for Constituents

While the legal challenge is ongoing, the current law remains in effect. Constituents should be aware of the following practical considerations:

• The 2026 $125 registry fee is still required
  • Payment is due no later than June 30, 2026
  • Payments must be made through your local county clerk’s office
• Failure to pay may result in enforcement action
  • If the fee is not paid, the West Virginia State Police may request a property lien beginning July 31, 2026
• The Court’s recent ruling does not pause or suspend these requirements
  • The dismissal does not change current obligations under state law

Practical Guidance

• Plan ahead for the payment deadline to avoid penalties or complications
• Keep documentation of any payments made
• Confirm payment procedures with your local county clerk if you have questions about logistics.

Bottom Line

• No final decision on constitutionality has been made
• The registry fee requirement remains fully in effect
• Further legal action is being evaluated, and updates are forthcoming