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.” 

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Question on parole gps fees. I owe them around 9,500.00 for my Teather while on parole. It’s been around 9 years now and have not paid. I did pay my supervision fee though.
My question is I see that the state adjust the fees to just 60.00 per month versus the 400.00 a month. That’s a huge difference and I do want this bill off my back. Any chance they’re going to adjust it to the current amount?
My guess is not but figured I would ask.

This morning’s movement;

122
Sep 18, 2023
Main Doc
Correction

if this goes any slower, it will be going in reverse

Found this movement today;

123
Oct 2, 2023
Main Doc
Summary 

at least we can watch the pot boil,,,
I think the judge could have and should have put an injunction in place until this is finished

Hello everyone, I know there was an email sent out by Tim from the ACLU, explaining where everything stands at the moment, but I was just curious if anyone as heard anything sense then. Any kind of movement from the judge or the ACLU. It just sucks when we don’t hear anything for a weeks or months in this case. Thanks in advance.

Hello, I see someone has already shared Tim From Michigan’s ACLU’s email. She not sounds good and all, but can someone please explain exactly what it all means. If the judge does rule in our favor does it finally mean that those of us who have been on this damn thing for the last 30 years or what ever it’s been will finally be removed from this unconstitutional registry. I truly hope so because this getting old and rediculous. It’s very obvious that the registry is unconditional and causes harm. We all need to be removed from it, or at the very least start with us pre- sorna people first. As all of you know my conviction was 6-19-1892 and have been on this stupid thing since 11-22-1995 or 96 can’t remember when it actually became law. Here’s to hoping this ends real soon.

Well here’s a new filing;

129
Nov 21, 2023
Main Doc
Summary Judgment

sorry I didn’t see this earlier.

You can send an email to this address: intern@aclumich.org
 and ask to be included in Tim’s email updates on the case. I am in IL, however, the outcome of this case is important.

Fingers crossed for you, Michigan!

Last movement of the year ?…

131
Dec 28, 2023
Main Doc
Response to Motion

hopefully May of 2024 the judge will put an end to this Rico act part of government !

I offer a toast 🥂 for the end of this crap 💩!
to those who have been with this from the illegal beginning to the last person pulled into this nazi inspired national civil commitment

Dr.

Hello everyone, ok maybe I’m just an idiot , and since I’ve been on this stupid thing since the beginning 1995 to be exact. I tried reading it, but again don’t understand what it all means, so could someone PLEASE, put this in the simplest of terms for me. What is so important about May of 2024?. I have read your comments and from the comments it all sounds good, but what does it all mean, and are we actually finally coming to the end of this rediculous registry. Thank you to everyone in advance for any information you can give me. Happy New Year to one and all.

So I was on YouTube looking at this case 164685 People of MI v Cora Ladane Lymon and around the 16:52 mark they mentioned a Christopher A. Johnson case the only thing I could find is this
does anyone know what 6th circuit case he is referring to? Or the update on it.

Hello Everyone, I just wanted to share this email I got from Tim from the Michigan ACLU, just in case some people don’t get his emails. We hope this message finds you well in the new year. 
 
We are reaching out to share a brief update in the case. As of December 29, 2023, we have filed our briefs for summary judgment, including our response to the state’s motion for summary judgment. These documents are now available on the Does III Website. This briefing phase of the case is expected to conclude by the end of January. Currently, we are awaiting information on whether and when the Court might hold a hearing in the matter. We will keep you informed you of any continued developments.  
 
As always, for those interested in the details or wishing to access relevant court documents, we encourage you to visit the Does III Website linked to this email.
 
Thank you all again for your patience. We have made significant strides and will continue to keep you all updated on further progress. 
 
Sincerely,
 
Does III Litigation Team

Respectfully Tim P ACLU of Michigan SOR Specialist 

Another movement today;
132
Jan 16, 2024
Main Doc
Reply to Response to Motion.

slow but steady!

Found this;
134 Jan 25, 2024 Main Doc Notice – Other 132 tic tock

Here’s the latest filings,
136 Feb 1, 2024 Main Doc Leave to File
135 Feb 1, 2024 Main Doc appearance

I’m out of comments!

Early this morning:
138 Feb 2, 2024 Main Doc Leave to File
137 Feb 2, 2024 Main Doc appearance

nothing to cry about yet,
singing is a worthwhile pastime,

🎤💰💰💰💰💰💰

We are in an election year! Not a great year to rush through especially concerning issue like ours.

And this article is posted 2 years ago? 😯
Still no action/movement on this?? 😩

(Am I alone in feeling that we have now entered an age of governments and politicians choosing to entirely disregard court rulings they dislike?? Seriously, WTF?
And because those politicians make up the executive branch + and courts have no enforcement mechanisms – executive branch politicians can do what they like with total disregard for the legal/judicial system.🤷🏻‍♂️)

Here’s another movement;
139 Feb 6, 2024 Main Doc Leave to File

Maybe we are starting to pick up the pace ?

140
Feb 7, 2024
Main Doc
Appear*

it seems like it is moving faster than usual,,,,

Today’s revelation;
Thursday, February 15, 2024minutes Status Conference Thu 02/15 12:01 PM 
Minute Entry for remote proceedings before District Judge Mark A. Goldsmith: Status Conference held on 2/15/2024(Court Reporter: None Present, Not on the Record) (KSan)

and we wait,

More ring around the Registrants ? 🕺🏽💃🏽👯

that made me smile
thank you!

Dr.

These may be opinion, or these may be fact, but regardless i feel should be looked into. Right 1 first amendment violation of speech. We are told no social media, media is used for speech. Violation 2, the 2nd amendment right to bear arms and cannot be infringed. Lifetime violation since most sex offenses cant be expunged its lifetime felony and felons cant legally purchase guns. Violation 3 third amendment right to privacy. All communication and internet identifiers, and home residence must be open to search at any given time by probation officer or other law enforcement official. Violation 4 14th amendment (All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.) <— is an exact quote from the constitution sited from https://www.archives.gov/founding-docs/amendments-11-27. Yet when I have talked to attorneys they misinterpret it and say that it does not apply. Let me clarify. Are you born in U.S, or legally allowed be citizen in the U.S? Then your a U.S citizen. Were you born or legally reside in any state in the U.S? Then you are citizen of that state or state you legally reside in. Before i go further ima clarify definition of word abridged (means to restrict or make smaller). No state shall make or enforce ANY law that abridges the rights or immunities of the CITIZENS OF THE UNITED STATES. Nor shall any state deprive any individual the right to life (ability to work to sustain yourself with food , shelter, employment for financial gain, health and safety) or liberty ( ability to travel where and when you want, speak to who you want when you want, work where you want when you want, live where you want when you want) then theres property ( owning a house wherever it may be, owning a car no matter what brand make model or area of residence, boat, plane, or other purchased items.)It states without Due process of law, from my understanding already did our time, out on probation with time served, and now being punished again for same crime with the registry and having almost all rights stripped away and ability to bear arms to defend oneself. Also lose the privilege being considered innocent until proven guilty. You get into any kinda problem as a sex offender your automatically considered dangerous and are considered (by the public, and law enforcement, and the courts.)It also states in the 14th amendment “nor deny any PERSON WITHIN THE JURISDICTION OF THE STATE (also will pertain to the UNITED STATES jurisdiction being states reside in the UNITED STATES) equal protection of the laws. Means by basic interpretation as established ANY CITIZEN (that includes sex offenders they are still citizens too) that we all deserve the same abilities, same rights, same liberties, same qualities, and same freedoms of those that hadnt committed a crime.
heres the flaw way attorneys interpret 14th amendment is there are 2 classes there criminal class (felons, misdemeanors) public class (crime free). The rights that are alotted to the criminal class is limited rights since that class is felons, and public class has full access to rights since they committed no crime. This interpretation is wrong due to matter 14th amendment clearly states ANY CITIZEN DESERVES EQUAL RIGHTS AND PROTECTIONS OF LAW, and ANY CITIZEN DESERVES LIFE,LIBERTY,AND PROPERTY. There are so many sex crime attorneys that deserve to lose their license for shooting down people calling asking for help and belittling any information you find because” your not a lawyer you have no idea what your talking about” “I have 15-30 years experience you dont know s**t”. This was an actual call i had with a sex offense attorney. I know I posted this on a comment but I later thought this probably should be its own discussion.

Im hopeing here, but is the aclu gonna keep at the registry until either its abolished completely fir being entirely unconstitutional? Or just enough to put a band aid and sweet talk the individuals that are on it or to be put on it? (Meaning make the burn of the registry a little more tolerable).

Im sure this is a dumb question. But in an attempt to catch the court up in their unconstitutionality has anyone thought try have the courts tell sex offenders what they can do to abide by the sex offense registry as not to violate it instead of them telling us what we cant do. Its easy to say for good of people “you cant do that you cant do this, you cant talk these people, you cant go these places, you cant use social media. So instead of all the cants see if they can come up with any constitutional things offenders can do. Guarentee they will find that alot harder and come to realize how unethical, unconstitutional, and unfair these courts and government are on these “salem witch trial hunts”. Reference is the government feeding into the fear of the public and use it as a means and excuse to ostracize, banish, and cause death by desertion. Maybe last part exaggerated a but but getting little into my feels ablut this now.

This might be a dumb observation but, why are [Persons Forced to Register] put on the pedestal as the most dangerous to society? Someone looks at some pictures or vids, or touches or rapes a woman or child, or even just does robbery with kidnapping? Granted these are terrible things to happen but at same token so is every crime. Thats why its called a crime. So theres a whole registry and impossible laws those people must try to follow with the threat of going to prison (which 90% end up doing due to impossible restrictions(and violations of rights.)But heres the kicker im getting to. Murderers, rapists and murder, human trafficking, gun violence, domestic abuse and violence. All should be on a violent offense registry and deemed more dangerous to society considering people actually die or are severely hurt. But people who just watch some videos or pictures, or just touched on a kid or woman shouldnt have face a lifetime of punishment (no crime should extend to a lifetime.) thats the equivalent to societal banishment if im not mistaken theres no law stateing the government can legslly banish anybody. There is however law stating EVERYONE (cotizen) is entitled to equal access to same rights as (any other citizen) not of same class of citizen. Also equal right to due process. [A PFR cant be automatically guilty of another offense because of a previous offense and have an extended punishment like 15 to 25 years in prison (for violating probation) those kind of sentences are usually reserved for serial rapists and murderers. So that would go as far as cruel and unusual punishment. I always knew that punishment should fit the crime. If you didnt take someones life away (kill them) why should your punishment equate to (civil death) dead to society with no rights and such stringent guidelines you cant really do anything but stand still and look pretty, if you dont and you move you risk prison.