Sex offender cannot challenge Michigan's registry anonymously, judge says

Is this Judge prejudiced against sex offenders? I wonder if any other cases handled by this Judge were Doe type cases!

1-21-16 Michigan:

GRAND RAPIDS, MI – Despite his concerns of harassment, a man challenging Michigan's Sex Offender Registry cannot proceed anonymously, a judge said.

The man, identified in court records as John Doe, filed a federal lawsuit alleging that changes in the law severely restrict access to housing and have requirements that are so vague offenders cannot know if they comply with the law.

The state in 2011 changed to a tiered system to comply with federal rules.

Attorney Sarah Riley Howard is challenging the sex offender law's prohibition against living within 1,000 feet of a designated school zone as unconstitutionally vague.

She wanted her client, who is known to authorities, to use a pseudonym because of the backlash against sex offenders.

"It is well-known that individuals on the sex offender registry are a highly stigmatized group," she wrote in her motion.

She noted that some commenters attacked sex offenders when a story about the case ran on Nov. 6 on MLive.

"For example, among the comments, one person said, 'Do you want sex offenders living next door to you?, imagine you're raising two kids and one moves in right next door, I couldn't care less if it restricts predators (sic) housing, I like to know who to watch out for.' Another said, ' ... Sex offenders are among the most despicable low lifes (sic) we have. I don't care how tough it is for them.'"

She said her client has already been involved in a physical altercation and harassment because of his "mere status" on the registry.

She said the man and his mother, evicted from their apartment after a neighbor apparently noted his registry status, found hot grease on their car while packing up to leave.

He was also assaulted, and had "B----" written on the windshield, the lawsuit said.

"Plaintiff's concern is that he will become a particular target for harassment, even among the already-stigmatized group of those on the registry, once his name appears in the press as someone challenging the law as void because its vagueness makes compliance difficult or impossible," Howard wrote.

She said he is worried about losing his new apartment, or being harassed at work, or seeing his new employer harassed.

"Unlike other plaintiffs who face some scorn, embarrassment, or negative publicity from being a party to litigation, Plaintiff is exposed by the sex offender registry itself to great risk of harassing contact and worse. His picture, complete birthdate, vehicle details, residence and place of employment are easily associated with his name, with only a few seconds of effort."

She said her client is entitled to public safety as anyone else.

U.S. District Judge Robert Jonker had rejected Howard's initial request her client proceed anonymously and on Thursday, Jan. 21, turned down her motion for reconsideration.

"The Court in no way condones harassment that people suffer unfairly, whether because they espouse an unpopular view in a public forum, or otherwise. But the Court cannot guarantee any litigant freedom from expressions of opposing views – even strongly worded expressions of opposition."

He said that litigation is presumed to be a held in public, "especially when matters of public concern are at issue."

The lawsuit names as defendants Grand Rapids Police Chief David Rahinsky, state police Col. Kriste Kibbey Etue and Gov. Rick Synder.

City Attorney Catherine Mish says the city has agreed not to enforce the residency requirement until the case concludes. The city did not oppose the man using a pseudonym.

Howard said that Michigan is one of only 15 states to substantially comply with the federal requirements.

She said her client and his mother were told in August they had to leave their apartment when the lease was up.
They found another place, with "some difficulty," that was believed to be outside of the 1,000-foot school zone.

Based on a state police website, a cadet at Grand Rapids Police Department verified the address was outside of the zone. When the son showed up to report his new address, a Grand Rapids police mapping website showed it was within a school zone.

The plaintiff in the lawsuit said he was arrested for accessing child porn on the Internet.

The lawsuit said he was looking for photos of himself as a sexually abused child when he accessed online photos of other sexually abused children, which resulted in his guilty plea in 2009 to accessing sexually abusive material involving children.

He works at a fast-food restaurant and cannot afford to live on his own. ..Source.. by John Agar