A federal judge is commanding state authorities to stop enforcing rules under the Michigan Sex Offender Registry Act during the coronavirus pandemic.
According to an interim order U.S. District Judge Robert Cleland issued Monday, officials are “preliminarily enjoined from enforcing registration, verification, school zone, and fee violations of (the act) that occurred or may occur from February 14, 2020, until the current crisis has ended, and thereafter until registrants are notified of what duties they have under SORA going forward.”
On Valentine’s Day, Cleland declared the act unconstitutional and urged the state Legislature to move to bring the law into compliance.
Under the February decision offenders would still have had to report to their local law enforcement agency or state police post through mid-May, while orders encompassing Cleland’s ruling were drafted by the parties. After that, unless the state Legislature acts, the Sex Offender Registry Act would no longer be enforceable against those who offended before 2011.
Ok, to all the Brain’s out there that understands all this legal bumbo jumbo, I just got this in an email it’s a Michigan Supreme Court order about the Betts case. It seems like his case is also dragging on, Please anyone what does it mean?.
http://publicdocs.courts.mi.gov/SCT/PUBLIC/ORDERS/148981_70_01.pdf
The rights of Americans are slowly vanishing. This small net that they have had us all in is now going to get much bigger now. Now again for public safety they are going to start tracking everyone. Now the feds have found a way to bring AI on line. They want to know all of your contacts day by day. Google and I think Facebook are going to set this all up and use the the AI system that the feds have been developing. So now everyone going to see how we live. They have all ready seen how it’s like to have restricted movement. So now with AI and the new 5G network everything is in place so the feds can use the virus as a reason to turn it on. I believe we will find that this will be a much easier way of knowing where we (RSO) are at, at all time. The world is going to get crazier then it was before. When I was young we where told that, “what doesn’t kill you will make you stronger”. In other words, keep your chin up, get back on that horse, and be strong don’t show sign of weakness. That builds corrector, self esteem. Now the they teach our kids and everyone how to be the victim. There is always someone responsible for your problems. That you should lay there and feel bad, victimized and depressed. Then government steps in and acts as if there the only ones who knows how to come in and save us. The sheep to the slaughter. The frog in the pot scenario. America should wake up. We have had our time to see how this registry is that our pears have welcomed with open arms. While all this time its been it was a template on how to herd the sheep. No one use to come between family. Blood runs deep, Blood runs thicker then water and Family comes first. You never hear any of that now. Family has only become a unit that gets someone started, then the government takes over. They teach our kids. They tell us where we can go and cant go. They tell us who has rights and who don’t and trust us” We know better” as they sharpen there shears. They have gotten us to believe we work for them. Thomas Jefferson once said “the tree of liberty must be refreshed from time to time with the blood of of patriots and tyrants”. He knew that power of government would some how always try to gain control. It’s human nature ( Stanford Prison Experiment 1973). Is to late for us now. In socialism you know where you stand withe the government. In this democracy you are made to believe where you at. While the whole time you are the blood that oils the machine.
@Sheldon If that’s the way way your looking at that, then your just a little bit behind my friend. They have already taken over, now there starting to take control.
Could Some one please clear up the bottom paragraph of this letter from the MSP website regarding registering ? It seems too me its saying we must still register ? I copy it from their site.
MSP
NOTICE: Interim Order and Injunction Impacting Enforcement of Michigan’s Sex Offenders Registration Act
April 7, 2020
On April 6, 2020, the United States District Court for the Eastern District of Michigan issued an Interim Order and Injunction in the case of John Doe, et al. v. Richard Snyder, et al., Case No. 16-13137. This case is a class action lawsuit challenging the constitutionality of the Michigan’s Sex Offenders Registration Act (SORA).
The Court specifically prohibited the defendants and their agents, which includes members of the Michigan State Police (MSP), from enforcing registration, verification, school zone and fee violations of SORA that occurred or may occur from February 14, 2020, until the current COVID-19 crisis has ended, and thereafter until registrants are notified by the MSP of what duties they have under the SORA going forward.
The Court stated the “current COVID-19 crisis” shall be considered ended when there is no longer an operative federal or state executive order or legislative act declaring a state of emergency, or when the Court determines that the conditions giving rise to the need for the Interim Order no longer apply.
The Court noted that the interim injunction only prohibits enforcement of the SORA; it does not prevent the MSP from maintaining the Sex Offender Registry, such as inputting information about new registrants or continuing the Public Sex Offender Registry. Furthermore, the Interim Order and Injunction does not prohibit individuals required to be registered under the SORA from voluntarily complying with the requirements of the SORA, including, but not limited to, reporting in-person to a registering authority to register or verify information required to be reported under the SORA.
Thank You BM & Josh , yes that’s the part I was not sure of what they mean? Thank so much, They kind of make it so we do not really understand what they mean. Was not sure if we had to go verify still .
I just bought a new truck and called to see if I have to come in to update the information or give it over the phone and the MSP tells me that I still have to come in to give that Information. Any thoughts on the legality of them having me come in still during the covid when they could take the info over the phone or not enforce it ??
Lets prove the country wrong on these laws. Since we are not registering at the moment by the general public census, we are all suppose to be out there violating every law that violates human decency right?
I bet almost no registrants get new arrests or convictions in this time while we what for covid 19 to pass.
Proving that these laws dont “protect” anyone and are useless ! Proving these laws of suppression are wrong and un American! America is dying a little every year!
With the State of Emergency extended now until mid August, it only takes one more extension for the “60 day clock” to end after the election. I think new legislation regarding SORA will be much fairer and more favorable to us if its passage can occur after the election. I think the last thing we want to see is our representatives having to vote on a SORA law just before the election!
Hi All,
I know this isnt going to really answer anyones questions, it didnt answer mine, but i thought i would share the email i got from Tim P. from the ACLU that i got the I got the other day.
let me know what you all think, and if this crap is ever going to come to an end if they keep using the Pandemic as an excuse.
Nothing happening and the 60 day order has not started counting yet and the Judge may change the wording on the 60 days since we are now getting in to election time if the Covid 19 emergency is still in place but could be lifted sooner than the election time when the Legislators do nothing but work on getting thier people elected.
Respectfully Tim P ACLU of Michigan SOR Specialist
@ Bobby S…..thanks Bobby for the tidbit you shared from Tim P. of ACLU….It is good to get any info. Like so many of our brothers and sisters in SORA land, we look forward to any news…hoping it is good news for all of us in SORA land. Peace be with all of you.
So with the election coming maybe it would be better if nothing happened with sora til after the election? What are the pros and cons? Give’em enough rope….
Why isn’t someone or some org in MI asking the good Judge for contingency planning in case it goes past the election and nothing has been done or it is gets close to it, e.g. 60 days? They can be pulled from recess or work from home on it. Not saying they’ll comply…
Recieved this email yesterday from Tim @ ACLU
Each day we are getting more and more emails asking for updates on the SOR. While I understand that people want to know what is going on, if we have an update we will put it out to everyone. Please understand that you do not need to ask this question.
The court order is still in place that you do not need to verify or report as long as the Covid 19 emergancy is inplace. This applies to everyone on the SOR. We know some Law Enforcement Agencies are telling people that they must come in. That is up to each person if they feel it is best to report in then they can do so. Understand that if you need a copy of the court order again, please let me know and I will send it out to you.
As for movement on the changes to the SOR law at this point I have nothing to report. Also understand that at this point in the process because of the Covid 19 issue and also how much the State Legilators will be in session anything could happen as to how the Judge will handle this issue when the Covid 19 emergancy is lifted. At this point we do not want to see anything rushed to be passed by the State as that will not cover all the issues that the Courts have raised and the additional issues that the ACLU has raised. We want to do the best we can for the majority of people on the SOR and that will take patience on everyones part. Understand we are in this for the long haul and we know that being on the SOR is hard on everyone on it.
As for the bill that we all worked so hard to stop, as we understand it the bill is dead. Good Job to all those who emailed, did Zoom with the House committee, and those who came in and testifed. Without your help it would not have been dead in Committee.
Respectfully Tim P ACLU of Michigan SOR Specialist
Disclaimer: I’m not a lawyer, and this is not legal advice. The information in this email is provided for general informational purposes only. No information contained in this email should be construed as legal advice from me or ACLU of Michigan nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this email should act or refrain from acting on the basis of any information included in, or accessible through, this email without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the State of Michigan, or other appropriate licensing jurisdiction.
Guess them , million five hundred thousand emails Helped ! Hurray !! Now , when is the cake being served ?
Can someone please tell me where they have read that the state has struck this house bill 5679 down ? Looks as if its still in full motion from what I see on the states website ?
Hello All,
I got an email from Michigan Court news,but when i clicked on the link it says i need a subscription, well i don’t have a subscribtion to the Lansing Journal. It was posted about 8 hours ago. Here is the link if anyone has a subscription to the Lansing Journal, or if they know how to bring up the link so we can all read it. I was hoping it might tell us what’s going on now if anything. https://www.lansingstatejournal.com/story/news/2020/08/03/legislature-revise-michigan-sex-offender-registry/3278204001/
So again if anyone knowa how to get past this subscription thing i would appreciate it. Thank you.
The Pricks have popped up at my spot a few times over the years, Flexing their chests. They love wasting tax payers money , Instead of looking at the big picture and using the money too detour the real problems in our state. I think where you live in the state plays a big part on if you get a visit or not. Again its unjust justice at its finest. This is why registries are NOT the answer to anything. In this country when you serve your time for a crime (whether you committed it or NOT ) You should have the right too live free and equal as the constitution reads . These politicians are MORONS , they amend and allow these unjust and unfair laws too stand only because of the fact of “MONEY” the support they receive and corrupt contributions via lobbyist and non profit organizations that donate too their reelections . This system is Unjust & Corrupt ! The State of Michigan has Destroyed many Entire Families lives with these registries . I hope this Judge will see this. Then again i have been saying the same thing for over 25 years now.
You know I really don’t know what you guys are smoking out their in California. Seems to me weed should of been legal all along but authorities have to profit somehow. This online sex issue and even Tim’s comment about Michigan’s online decoy sting operations. That right their said the words to this type of inducement or scheme. These operations are very wrong in many ways and hinder a person’s liberty with this degrading ordeal. One can either amend justice or defend justice and yes we all have a voice in many of these issues.
Sure one would be mad as hell and yes people get to stressed out today. Nothing wrong with a bit of weed if one is compairing this ordeal. Course I don’t think one would want to sell it on the black market as that can get one into a problem. Their is nothing wrong with respect but abusing and deceiving and not following principals is like a betrayl if you’d like to call it by that. A fine for simple sexting should be that or at any rate six months in the county slammer, but mankind have always wanted to take their logic to far. Talk about the wisdom of Solomon with this drama today.
So who uses principals today in this high teck era to deceive another? Who is still scheming by this data computer ordeal, and who is actually talking to a child or teen. That right their should be grounds to dismiss much of this sex registry ordeal by computer industry inducement. And yes you have those people trying to make a quick buck ssaying your order is ready or something or we need to sign you up or your credit card is not on file so we can’t process this order.
Talk about internet fraud. No wonder Samual Morse said in his first words thru the telegraph ” What has God wrought”? Now look at it today. You can also look that up in Num. 23:23. So putting it all together is uncovering the injustice that Government displaces. Go against the bible and many things can happen. Sure I’ve been busted for pot in the 70’s and yes pot can help one sleep and relieve some tensions we all tend to have. So who is misusing who as a scapegoat.
For those of you who were able to read the article in the Lansing State Journal could you please fill me in on what’s the latest and greatest news? Thanks.
Here is a good laugh. Rep. James Lower, the Rep that introduced HB 5679, to rewrite the Michigan Sex Offender Registry Act, will be stepping down, as a member of Mi. House of Representatives, when His term ends December 31st, 2020. He is not seeking re election, as he is seeking a business opportunity, this is according to his Facebook. So as you can see, he really isnt going to do anything with this House Bill now. Just shows you that Michigan Legislators are just laughing and slapping Judge Cleland in the face with his orders. It’s time Cleland steps in and says enough is enough
Had an officer stop by today while I was out of the house. Only my kids were home and they couldn’t tell me if it was state or county. Called Barry county and they stated that they wouldn’t have sent an officer out that it would have been the state police. I asked about the court order and they stated that it’s not in effect anymore. They’ve been violating people since June. I told them well that’s funny. Court order is still posted on the website.
ACLU needs to be made aware.
This decision comes from Michigan’s E.D. Federal Court. In this decision the Plaintiff argued that federal SORNA did not apply to him because Michigan had removed him from the registry. He also cited Does v. Snyder, showing SORNA was unconstitutional. He was trying to force federal NSOR to remove him from the federal site and declare that SORNA could not be applied to him.
The federal district Court reject all claims. It stated that Does v. Snyder only applies to Michigan SORA, not Federal SORNA, and that he had a separate obligation under federal law to register in Michigan even though Michigan had removed him from the registry.
This was not appealed, but it could be a sign of things to come.
https://mitchellhamline.edu/sex-offense-litigation-policy/wp-content/uploads/sites/61/2019/10/Opinion-Order-Granting-MtD.pdf
Peace be with all of you. I am of a quadary: If the sex offender registry IS of a civil regulatory nature (i.e. not punishment), then WHY are there criminal sanctions brought against a person who allegedly violates said registry? If one is convicted of violating the SOR, they go to PRISON, and possibly (and more than likely) have to pay some kind of fine. I am not a legal beagle, so I truly do not understand how this (the SOR) is civil regulation. If someone out there can explain to me WHY, I sure would appreciate the enlightenment. Again, peace be with all of you. P.S. I pray Federal Judge Cleland will soon move in our behalf here in Michigan.
@ Bobby S – Thank you for the information from Tim of the ACLU. The emergency declarations from the governor could go on for years…leaving us in legal limbo. I reckon we just have to “DEAL WITH IT,” until the secular “powers that be” decide to act. As always, peace be with you all.
So per the Michigan order. I can finally go to/watch my sons football games with no fear of arrest?