MI: A huge win in Michigan
Judge Mark A. Goldsmith of the U.S. District Court for the Eastern District of Michigan ruled on a class action brought by the ACLU of Michigan that the state can’t enforce the entirety of its 2021 version of the law against offenders who committed their crimes before July 1, 2011. He gave the legislature 90 days to rewrite its laws.
Among the many just findings in this decision, the Court found that the registry is punishment!
You can read the decision here:
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Also Remember Doe V Snyder out of the 6th Circuit. This case is stemming in a way from that as the MI legislature pulled an end around and created new rulles in 2021.
Praise God!!!!!!!!!!!!!!!!!!
Yes Leave it to my home state to lead the march to freedom. Here is my question if my offense predates the florida registry, 1997 and I move back to Michigan, will I still be required to register in Michigan. I understand I will remain on Florida’s until my 20 year mark and then I can apply to be removed. Any Legal eagles care to take a stab at this.
Did the arrest/conviction leading to your registry status happen here in Florida? Or in Michigan? If it’s here in Florida, moving back to Michigan they might be forced to place you on the registry for a commensurate amount of time depending on the type of crime and time served on the Florida registry.
Even if you are no longer required to register in Michigan, you will likely have to file suit to be removed from the Florida registry.
This is not Legal advice, just a little info on the topic. Always consult an attorney before making any major life changes.
It’s clear that the Federal Judge in this case has just had enough of Michigan not fixing its issues. The Michigan Legislature has now had many, many years to correct its registration laws to either be non-punitive, or to only impose the punitive provisions prospectively. Now, due to its intransigence, Michigan has lost its entire registry against the majority of persons (formerly) forced to register in that state. It just goes to show you that this is all politics. It has nothing to do with public safety. If it did, the Michigan Legislature would have taken the long string of prior court losses seriously. I can’t wait until Persons Formerly Forced to Register (PFFRs) becomes a “thing” in many states, including Florida.
Well, it’s another win for us here in Michigan, but honestly I’ll believe it when I actually see my name removed. I was convicted in 1992 when I was 23, before the registry ever existed. I was placed on it in 1995 illegally mind you. I was made to register for 25 years until they decided to change it to life. So for someone that should of never been placed on it in the first place I will believe it when I see it and my name is finally removed from a unconstitutional registry.
This judgement looks very promising is several aspects. However those aspects will not have n effect on us until such time as this case law is used in our District. I am really pleased with the Ex-Post Facto ruling as punitive (which it is).
But what seems to be more substantial is that the Michigan and Florida SORA are written very similar in regards to the forceful speech where we must sign (initial) that we are aware and understand the requirements. This is a clear violation of the First Amendment and also requires many to commit perjury. Since the document is constantly used against us in the Court room during a trial on registry violations. The fact that a Registrant is forced to sign that they understand something that most people do not understand is akin to being forced to commit perjury.
How many of us actually understand all of the registry requirements? There are vague ones that are interpreted differently in different Counties. One of the key ones that is vague is the internet identifiers. Highlands County suggests that if an account was created for you by an app that you have never opened and have no idea what is (included on your phone signed up for by google) that you must disclose it, While FDLE states that you must report it within 48 hours of use.
The other breath of fresh air in the Ruling is the Ex-Post Facto use of the registry. By adding to the requirements continuously after the initial registration and making more restrictions it can only be construed as punitive. It seems that the Judge realizes this fact.
Keep up the fight because it is working!
After the 2018 court ruling from the FAC lawsuit, the definition of “internet identifier” was very substantially narrowed from its prior unconstitutional definition. You can read about it here: https://floridaactioncommittee.org/decision-in-internet-identifier-case/
After his huge win, the Florida Statutes were accordingly amended. What must be reported are email addresses and accounts used on “commercial social networking websites” or “application software,” which must allow users to create a profile or webpage and also facilitate direct person-to-person contact. Per the Federal Court ruling (see link above), internet identifiers only need be reported within 48 hours of actual use to communicate directly with another person. If the platform does not allow someone to create a profile or webpages, then it’s not an “internet identifier” according to both the ruling and currently law — see F.S. sec. 775.21(1)(j). And to be clear, it’s not just FDLE who says that the accounts don’t need to be registered until they are actually used, it’s the Federal judge who issued the ruling, which binds all officers of the State of Florida. I urge you to download the Federal court order from the FAC website and read it carefully.
I can’t wait to read a post where there is a win in Floriduh
You will soon enough. This case law (ruling) should help with our own ex post facto suit. Also we will win without a court ruling as we did with the Halloween sign case since the District Court in Alabama ruled it a Violation of the First Amendment, the Same as the 1st Amendment violation for the lettering of Sexual Predator across the drivers license.
This case can be persuasive in local, state, fed districts and fed circuits outside of it, but not precedent. It is a big swing and a hit for PFRs to go with the other cases which have found similar findings to make a rather large briefcase to bring to court when in battle w/the machine. Just have to hope the judge on the bench of the case will be open minded to know the right thing to do with the info.
Also, someone needs to send this to CJ Roberts at SCOTUS for his reading leisure this summer.
You gotta be able to send it to one of his Legal Clerks….OR get it in the Hands of SCOTUS Justice Brown….Their clerks shuttle info back and forth, on good days! ‘She is amicable to receive info…”
That Ex Post Facto suit has had it’s feet dragging for so long it’s comical. Would like to speak with the Attorney because I could give them a whole lot of fire power being an original New Jersey Megans Laws John Doe Ex Post Facto with proof of punishment. That’s like being a 1%er… If they are anything like bubble brain I’d have little faith in it.
It’ll never happen and shouldn’t at all. I disapprove of stopping the registry, but it was one sexual predator indiscretion then, that person should not be put on the list.
Mr. D.A. Dorsett.
Yes, keep track of all threats. But. What happens if your son or daughter is accused of something that would require them to register? Registry does nothing but put those on it in danger. What about a map for registered gun owners? Aren’t they a threat to felons? I remind you that felons can’t legally have a gun. But people with guns can, if they wanted to, find and kill us all. Isn’t that a threat? Where’s the list of gun owners again?
Yeah, so that was done already in my neck of the woods. A newsperson made an actual map, very similar to ours, with the gun registry. Know what happened? The community was in an uproar because they broke no laws and wanted their names and map removed because…..wait for it……..THEY FELT EXPOSED! Map was removed less than 24hrs after it went live. So I can’t feel the same way? I did my time, I’m done with parole, never arrested for anything after 2011 to now. What enables you to say there should be a lifetime registry for me? So people like you can say, “That’s the Bad Guy.” and feel good about yourselves.
Please, get away from me. You make me more sick than I you.
You have to keep in find there will always be fools that think constitutional rights shouldn’t apply to segments of the population. This same person would be the type to make excuses why minorities should have to use a different water fountain or school. The bottom line is if one has completed their prison sentence and any probation or parole, they should be left alone. The notion you can have a group of people that are in a special situation where said facts shouldn’t apply shows corruption. If someone is dangerous, they should still be locked away, however, if one is let out, its cruel to put them in a leper like status, all the while telling them to go forth and do the right thing in life.
I would totally agree if the registry promoted public safety, particularly for children. Unfortunately, it does not. It may even add to non-sexual crime rates through increased homelessness and diminished employment and educational prospects. The registry is effectively counterproductive feel-good legislation. It should be eliminated.
I totally agree. The registration system is messed up. Some people like me on the registration don’t have a wrap sheet. I only have only one felony in my life time. And it deals with this. And I was punished to have to register. I been clean since 2004 when I was charged. People like me should not be forced to have to register long. They need to change the registration system. I think something like. 1st charge you only register for short time. And if you do repeat again then your punishment will be longer. Then if you do repeat a 3rd time. Then you might have to register for life. I am just say. There are lots on one time registers. And we don’t deserve to be on the registration too long. It’s just messed up.