Reply To: A victory in Michigan

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Bobby

@Fred and anyone else who is interested in what is going on with Does v Snyder

I e-mailed Mr Caballaro yesterday and asked a question concerning Does v Snyder this is what I wrote him.

Hello

I went into register on the first, and my town still has not hired a clerk yet, they said something about Wendsday, and of course none of our lazy cops no how to register people except for one, and he claimed he was to busy to mess with it.

So anyway he took a copy of my license, and said he would call me later, which he did, and said not to worry I was in compliance, and if my registry was not up to date by Wednesday at 2pm to come by and let them know, now here is my question.

When I do go in do I still have to comply with the 2006 and 2011 amendments, and are the cops still allowed to enforce them since they claim they have NOT gotten anything in writing stating otherwise , they claim even though the 6th circuit ruled those amendments unconstitutional  and  the US Supreme Court pretty much backed the 6th circuits ruling by denying to hear the case, the cops in my town insist that they do not have to follow that ruling until they receive something in writing that says different, is this true?

Also do I still have to give them the $50 that they still say I have to give them, until they receive something in writing that says different?, thank you for your time.

Bobby

and this was his reply back to me.

Unfortunately, the state of Michigan has come up with some creative legal arguments to justify denying the benefits of the Sixth Circuit’s ruling to all registrants with older convictions. In effect their arguments are that (1) the Sixth Circuit’s ruling was limited to only those 6 registrants included in the original litigation and (2) even if the principles of the decision apply more broadly, the state can still re-enact older versions of the statute for registrants with older convictions. We disagree with the state on both arguments and are currently preparing a class action lawsuit to contest these arguments. We are planning on filing sometime in the next few weeks.

We don’t know exactly what local police departments have been told about implementing Does. It is likely that they have begun the process of reviving the older versions of the SORA statute. In theory, this means they aren’t implementing the 2006 and 2011 amendments. You will still have to pay the $50 registration fee unfortunately.

Juan P. Caballero