MI: ACLU Sues State Officials for the Fourth Time over Unconstitutional Michigan Sex Offender Registration Act

Source: aclumich.org 2/2/22

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.” 

Read the full article

See the available court documents at the links below:

courtlistener docket 62646259

courtlistener docket 70034680

courtlistener docket 70034681

 

Download the PDF file .

 

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Now from my understanding Judge Goldsmiths ruling “for pre-2011” was an enforcement order…I am pretty sure a stay isn’t an option for that sub class considering the prior 2020 ruling. This is what I have been trying to say and this is why I am just baffled. Why does anyone need to wait for removal before suing for monetary damages.

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A girk I talked to now dont. Called and complained said i said something to her made her uncomfortable to the police. However she said I did it to multiple people. The police called my job and mentioned it all to my manager. Is that legal?

Does anyone remember the name of the supreme Court case dealing with the registration and or have any updates on status,Thank you

Has anyone went and registered,if so are they requiring signatures Has anybody heard any updates from the ACLU?? I Haven’t

Anyone know anything thats going on? Seems after the federal stay was granted everything went dark. We don’t know anything or heard anything and a lot pre 2011 and post 2011 are confused what this means as per what we have to do (forced to do) for the registry?

Does the fact that registry is considered punishment not mean anything though? Jail or prison incarceration or parole and probation are all considered punishment. So isn’t it still double jeopardy to punish someone twice for same crime. Aka a “sex offense”. Also for offenses with no sex element involved. Like rape, molestation, sexual assault, statutory rape, or forced penetration of any sort.

On another point, the state police no matter how many times i made claims about harassment, threats, vandalism, destruction property, abuse of registry, to state police or city police; their answer is, “how you know they use the registry?” I can easily find information on anyone in less than 15 minutes without even having a police role”. “Your information is all over the internet.” So does that not prove a point? They don’t need the registry since our information is on the internet already by their own testament. This is proof it isn’t needed, all serves is to populate all a persons information into one place to make it a lot easier find the information on a PFR. So this is deliberately putting PFR in danger, and is also a violation 3rd amendment to right to privacy, and protection from unlawful search and seizure. To broaden that even more 14th amendment states we the people have the right to due process, and equal protection of the law. If a law is jeopardizing anyone’s safety, including PFR, relatives to PFR, or friends of PFR, or kids of friends of PFR, or just kids. Then it is not equal protection of law it’s the law endangering the public. PFR are the public too, so the state is this forth a criminal to the public.

I explained it in here a few times, Pre 2011 are freed already so go check in if you feel you have to. I personally wont be. Goldsmith had our back in the Gen Provisions and they cleared it up after Tim emailed. Not gonna feed into the same ol dumpster fire in here. Pick up the phone and stand up for yourselves goddamn!!

Here’s something new;

Docket last updated: 08/31/2025 11:59 PM EDT Wednesday, August 27, 2025 201 
 misc Letter Fri 08/29 11:14 AM
Letter from Kevin Smythe (JPar)

Hmmmm. 🤔. So what does the 8/31/25 mystery letter from Kevin Smythe say? 🤔 Inquiring minds wonder if this insanity will ever end. 🤷🏻‍♂️

I check in on this site now and then for the past few years now. Things seem to be going in the right direction, yet this has been the case in the past also. I have been a PFR since the beginning. Was arrested for my crime and did 8 yrs. Deservably so. I believe the parole board held me up until the registry came about. Ive been out and off parole for 28 yrs. Never had any issues. Same job. Same house. Ive been very lucky in this aspect. I would love to be off of this crap. Everyone on here deserves a break. No double jeopardy. Good luck people. Hopefully soon.
Btw I verified yesterday at the police post. They hadnt heard about anything that is going on. They said we will know before them. Keep your fingers crossed. Dont give up hope

Hello everyone, I know this might sound dumb, but I honestly don’t remember and I don’t want to ask Tim from the ACLU because last time we spoke he was a jerk.

So anyway I I called on the first before I went up there of course the only person that knew how to check people in, is no longer there and non of the other idiots no how to do it. They told me to go into the State Police Post in Brighton. So my question is as a pre-2011 person. Do I have a certain amount of time to check in or do I have the entire month . I really don’t remember, and I got a Colonoscopy on Friday and I have to see my Oncologist on Wednesday the 10th.

I’m just trying to figure out if I have time or I need to get it done now. Thanks in advance.

Well, over the this past holiday weekend. Middle school kids hit up my house and did the door kick challenge on my front door this past Thursday, in northern Oakland County. They kicked it multiple time, they just about broke my door. When I looked outside, no one was to be seen. Gee, I don’t think the Kids parents would like their door kick in. I then ask my neighbor next door whose backyard backs up to my side yard if they knew of anything. They said the neighborhood kids did it. I have subdivision that runs along my side property. Labor Day comes around, I was in my back yard with my dog, which I saw kids walking on my property heading towards my front door. I yelled out to them, they proceeded to walk over to my other neighbors property, I than yelled out that this is private property, you need to be walking on the sidewalk across the street. They than left walked back to their subdivision. I noticed my neighbor and his boy was also was outside to talk to the kids to see what was going on. I find out from them that kids kicked in my door because I was on the registry. Gee I wonder how they got my address. The father son would not give the names of the kids. I did file a police report, now time to add some cameras. It also does not help my other neighbor that borders my property line is a Chief of Police of a City in Metro Detroit, which he has informed everyone on his street that I am on the registry. Which has caused problems with others along my property line say that I can’t be on my property that I am looking into their window. The Law states, I can be anywhere on my property, look in any direction, if you don’t like than close your shades. I will have to wait and see when I take my dog for a walk through that sub, if anything happens or what will happen in the future.

I encourage people to look up the Tucker ACT. It allows to waive the United States or your states sovereign immunity and sue them for monetary reward for such claims as constitutional claims, contractual claims, and statutory claims.

Hi everyone,
Here is an update directly from Pacer. Here is an update that I found on Pacer BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: first brief now due 09/17/2025. second brief now due 10/20/2025. third brief now due 11/19/2025. 25-1413 25-1414 (LMR).

I also wanted to express my concern so please don’t take this personally. Some of the posts I read have absolutely nothing to do with the Lawsuit or people post misinformation it gets frustrating when I am trying to find relevant information regarding the lawsuit as like many others there is a lot at stake here.

So i have been getting phone calls (each one has been on a Saturday and Sunday) from private numbers claiming to be MSP telling me that changes have been made and that there are currently warrants out for my arrest. I have checked and i am free of any wants and warrants. Anyone else having to deal with this sh*t?

I was just trying to look up information on google and it said Michigan Supreme Court is supposed to have oral arguments on October 8th-9th 2025 if I got this right and it popped up and said it’s been an ongoing problem hopefully we get some good news this year just thought I would mention this

Well, I went to the State Police Station in Brighton to check, register what ever you want to call it. I told her why I was there and none of the cops in my town know how to work the registry and the one person that did left for Farmington. She even agreed with me and says d every cop there from the Chief down should know what to do.

She said everyone here knows how to do it , I also asked if she heard or knows anything about the lawsuit going on right now she said that there’s been a little scuttlebutt but nothing concrete. Then I gave her my license and I was in and out in less then 5 minutes. When I check in at my cop shop it seems like it takes them forever to complete the check-in. Again thanks to everyone that chimed in to let me know that I had to the end of the month to check in.

I useally do it with in the first 5 days of my check in month, now hopefully by the time I have to go back in December we will have a decision from the 6 circuit court of appeals.

Also if we are still waiting in 3 months for a decision, that someone at my local cop shop know how to do it or we have a new administration coordinator as they call it.

Well here’s some more info;

2025202 comment image miscPrisoner Trust Fund Account StatementThu 09/11 11:58 AM
Prisoner Trust Fund Account Statement by Kevin Smythe (SSch)

I don’t know why this is added to the ACLU case but,,,,,

under the question: what is public humiliation?
Modern Legal and Social Examples

  • Court-ordered sentences:
  • Some judges have imposed unconventional punishments, such as requiring individuals to wear chicken suits or carry signs detailing their offense, like “I apologize to officer Simone & all police officers for being an idiot calling 911 threatening to kill you”. 
  • Digital and online shaming:
  • Social media platforms are used to spread information about an individual’s actions, leading to a large-scale audience shaming them, as seen with the Hypatia transracialism controversy in 2017. 
  • Exclusion from groups:
  • Public humiliation can involve exclusion from a community or social group, often accompanied by the spreading of rumors or disparaging information. 

Institutional and Workplace Examples

  • Unequal treatment in institutions:
  • In some institutional settings, a lack of power or social status can lead to unequal treatment that constitutes humiliation. 
  • Educational settings:
  • medical school example describes a course leader publicly singling out a quiet medical student, causing anxiety and potential harm to their future engagement and confidence. 
  • I know doesn’t explicitly say sex offense at all, but does provide history in public shaming and mass exclusion due to posting of an incident someone did on social media . So although sex offense registry was around then i dont believe it was public, but social media made life hell for those having their information posted. We have history back up our claim the registry doesn’t do good it causes more problems.

2010 The Richmond Journal of Law & Technology: Making The Punishment Fit The (Computer) Crime: Rebooting Notions Of Possession For The Federal Sentencing Of Child Pornography Offenses

It’s a good read when you actually cited facts and research to determine true nature of a possession crime (solely possession) and excessive punishment for that said crime based off guidelines the judges are forced to abide by.

https://extremelyinterestingfacts.quora.com/Marina-Abramovi%C4%87-in-1974-performed-one-of-the-most-disturbing-social-experiments-ever-attempted.
Social experiment where the public was left to their own devices and see what they would do. Much the same as the registry about people being left with access to registrants information and how dangerous it is.

Here’s some helpful news from court listener ;

203
Sep 15, 2025
Main Doc
Stipulation and Order

203
Sep 15, 2025
Main Doc
Stipulation and Order
Just in Case the first one didn’t make it