Civil rights organization says it’s unconstitutional to label people for life without individual review
DETROIT – Today the American Civil Liberties Union of Michigan (ACLU), on behalf of 10 people who all previously won federal court rulings that Michigan’s Sex Offenders Registration Act (SORA) is unconstitutional, filed a federal class action lawsuit against state officials over the latest version of the law. It is the fourth federal lawsuit the civil rights organization has filed challenging SORA in the past decade. The federal courts and the Michigan Supreme Court have repeatedly ruled that the earlier iteration of SORA was unconstitutional.
Today’s lawsuit, Does v. Whitmer, or Does III, filed in U.S. District Court, argues that the new SORA statute, which went into effect in 2021, is also unconstitutional. Specifically, SORA fails to provide for individual review or an opportunity for removal, forcing tens of thousands of people, including people who didn’t even commit a sex offense, to be branded as sex offenders and subjected to extensive, and in most cases life-long restrictions, without any consideration of their individual circumstances, which is a violation of their due process and equal protection rights. The 193-page complaint also argues that SORA imposes unconstitutional retroactive punishment, including by retroactively extending the registration terms of thousands of people to life.
Michigan has one of the largest registries in the country; there are approximately 45,000 Michigan registrants, and almost 10,000 more who live out of state.
“For nearly a decade, we have been fighting to put an end to an ineffective, bloated and unconstitutional registry that not only fails to protect survivors, but in fact makes families and communities less safe,” said Miriam Aukerman, ACLU of Michigan senior staff attorney. “The latest version of SORA is more of the same, and still puts tens of thousands of people on this list automatically without any consideration of their individual circumstances. What we’re asking for is very simple: consider the facts in each case before someone is tarred as a sex offender for life. Dying shouldn’t be the only way a person can get off the registry.”
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ORDER for Supplemental Briefs. Signed by District Judge Mark A. Goldsmith. (MNee)
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Case 2:22-cv-10209-MAG-CI ECF No. 153, PageID.8637 Filed 07/30/24 Page 1 of 1
JOHN DOES et al., Plaintiffs,
GRETCHEN WHITMER et al.,
Defendants. _________________________________/
HON. MARK A. GOLDSMITH
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
v. Case No. 22-cv-10209
ORDER FOR SUPPLEMENTAL BRIEFS
The parties are directed to file supplemental briefs, on or before August 6, 2024, on the applicability of the Michigan Supreme Court’s decision in People v. Lymon, No. 164685 (Mich. July 29, 2024) to the pending motions for summary judgment. The briefs may not exceed five pages, exclusive of attachments.
SO ORDERED.
Dated: July 30, 2024 s/Mark A. Goldsmith Detroit, Michigan MARK A. GOLDSMITH
United States District Judge
In a hypothetical scenario say we get everything we ask for in this lawsuit. Is it possible those whom had a sex crime, also had no victim(according to the court) had simple possession and upcharge of computer to commit a crime., is tier 1 on the registry and completed SOT and deemed a low risk. Could those people come off the registry?
Another question. Is there an arguement or fight that can be made for those that have mental disabilities such as: depression, anxiety,ptsd from being abused growing up? Particularly this argument be made about probation requiring me do SOT and mental therapy. Probation officer wants to keep me at a facility i feel has been lying, decieving the probation officer, insulting me (telling me im lazy since i dont want let him send me to Detroit). They said they had plenty resources at their exposal but soon as i said no to detroit they provide nothing. They also told me theres nothing out in wayne county metro area for me, but managed on my own (with some help from my mother) to find a place in metro area, and on my own found a job. This mental facility is called Hegira. Look up reviews on them see they are terrible facility. This is just part of the story but wanted get the gist across. My probation wants violate me for going to different facility I believe can,and will help me with my mental problems from my past.
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Sorry if i ask some kinda sorta off topic questions but does relate to my sex offense. So as everyone here knows I am on probation for 5 years. I was under the impression that after the 2016 lawsuit the 1000 feet restriction of student safety zone was lifted. If that was the case and was determined be unconstitutional, can probation enforce that on probation conditions? I am thinking no because if supreme court deemed it unconstitutional doesnt mean you can apply it a different way without a court ruling and make it legal.
I just hope ACLU cracks down too on the disability of the registry for individuals on it, regardless of the crime. Now not trying seperate everyones case but ima speak for myself when i say I think they should be somewhat more lenient towards those whom according to their conviction had no victim. Plus think just possession of cp shouldnt be treated as harsh as someone who actually raped someone. They are just pictures and images, where as person who was raped was physically hurt and/or killed in the process.
Hello Everyone, I was just wondering if anyone else got a email from Tim@ the ACLU with an update of what is going on with the case. I tried sharing it a couple of times, but it’s either to long of an email , or there is another reason why they didn’t share it. I did try to share it though, for those who didn’t get the email.