Poe v. Snyder

834 F. Supp. 2d 721, 2011 WL 6781361, 2011 U.S. Dist. LEXIS 148279
CourtDistrict Court, W.D. Michigan
DecidedDecember 27, 2011
DocketCase No. 1:10-CV-318
StatusPublished
Cited by5 cases

This text of 834 F. Supp. 2d 721 (Poe v. Snyder) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poe v. Snyder, 834 F. Supp. 2d 721, 2011 WL 6781361, 2011 U.S. Dist. LEXIS 148279 (W.D. Mich. 2011).

Opinion

OPINION

GORDON J. QUIST, District Judge.

Plaintiffs, five individuals with prior criminal sexual conduct (“CSC”) convictions, who are either currently homeless or have been so in the past, and two nonprofit, charitable organizations that operate overnight shelters for homeless persons in Grand Rapids, Michigan, seek declaratory and injunctive relief concerning application of the residency restrictions of Michigan’s Sex Offender Registration Act (“SORA” or the “Act”), M.C.L.A. § 28.721, et seq. to emergency overnight shelters. Plaintiffs have sued Rick Snyder, the Governor of Michigan, Bill Schuette, the Michigan Attorney General, and Colonel Kriste Etue, the Director of the Michigan State Police (collectively the “State Defendants”) 1, as well as William Forsyth (“Forsyth”), the Kent County Prosecutor, all in their official capacities. Plaintiffs filed their complaint in response to the death of Thomas Pauli, a homeless man with a prior CSC conviction who froze to death on the street in Grand Rapids. Pauli was forced into the freezing cold after an overnight shelter located within 1,000 feet of a school denied him admission because of his status as a registered sex offender. Like Pauli, the individual plaintiffs, identified in the pleadings as Jane Poe, John Doe, Robert Roe, Mark Moe, and Larry Loe, are all subject to SORA as a result of their CSC convictions.

Plaintiffs, the State Defendants, and Forsyth have all filed motions for summary judgment. For the reasons set forth below, the Court will grant Plaintiffs’ motion in part and deny Defendants’ motions. The Court will issue its declaratory judgment as to the meaning of “reside” as defined in the Student Safety Zone provisions of SORA, but will deny injunctive relief.

I. Background

A. SORA’s Registration and Residency Provisions

Pursuant to SORA, individuals who have been convicted of certain listed sexually-related offenses are required to comply with the Act’s registration and reporting requirements. M.C.L. §§ 28.723-25. When registering, the offender must provide, among other things, his or her address and a summary of convictions for the listed offenses. M.C.L. § 28.727(a) & (b). In addition to registering, an offender is required to periodically report to the local law enforcement agency “for verification of domicile or residence,” and to notify the local law enforcement agency within 10 days after the offender changes his or her residence or domicile. M.C.L. §§ 28.725(1), 28.725a(4).

An individual subject to SORA must also comply with the “Student Safety Zones” provisions, which were incorporated into SORA effective June 1, 2006. M.C.L. §§ 28.733-28.736. In particular, subject to certain exceptions not relevant here, a registered sex offender “shall not reside within a student safety zone.” M.C.L. § 28.735(1). SORA defines a “student safety zone” as “the area that lies 1,000 [725]*725feet or less from school property.” M.C.L. § 28.733(f). The Student Safety Zone provisions of SORA do not define the term “reside” as used in M.C.L. § 28.735(1). A registered sex offender who violates § 28.735(1) is subject to criminal Lability, with the first offense being a misdemeanor punishable by not more than one year imprisonment and subsequent offenses being a felony punishable by not more than two years imprisonment. M.C.L. § 28.735(2). These provisions are the root of the instant case.

All parties in this case agree that the definition of “residence” in SORA’s registration requirements cannot be the same as “reside” in the Student Safety Zone provisions of SORA. Considering the breadth of Michigan Supreme Court’s scope of “residence” in People v. Dowdy, 489 Mich. 373, 802 N.W.2d 239 (2011) and M.C.L. § 28.722(g), the definition in Dowdy and the code would virtually amount to banishment.

B. The Plaintiffs

Plaintiff Mel Trotter Ministries is a nonprofit, charitable organization that provides various services to homeless persons in Grand Rapids, including an overnight shelter for men. (Merchut Aff. ¶ 1.)2 Mel Trotter Ministries is located within 1,000 feet of a school. Men who sleep at Mel Trotter must arrive by 7 p.m. in the evening and depart the facility by 7 a.m. the next morning. (Id. ¶7.) Homeless men who stay overnight at Mel Trotter are permitted to bring a limited number of personal possessions with them to the shelter in a plastic bag or small backpack, but they must take their property with them when they leave the next morning. (Id. ¶ 9.) There is no limit on the number of nights men may stay at Mel Trotter, but there is also no guarantee that they will be able to stay there on any given night because beds are assigned on a first-come/first-served basis and admission can be denied for lack of room or other reasons. (Id. ¶ 11.) Until recently Mel Trotter had believed that registered sex offenders could not stay overnight at its shelter because of the Student Safety Zone legislation. Mel Trotter personnel thus generally denied admission to homeless individuals if they were aware that such individuals were subject to sex offender registration. (Id. ¶ 4.)

Plaintiff Degage Ministries is a nonprofit, charitable organization that provides services to homeless persons in Grand Rapids, including an overnight drop-in center for women. Degage Ministries’ facility is located within 1,000 feet of a school. (Palmerlee Aff. ¶¶ 1, 3.) The drop-in center is available for overnight stays from 8 p.m. to 8 a.m. (Id. ¶ 7.) Like Mel Trotter, women who sleep overnight are permitted to bring a limited number of personal items, but they must take their belongings with them when they leave the next morning. (Id. ¶ 9.) Unlike Mel Trotter, Degage Ministries rents lockers to homeless men and women, although space is limited. Thus, some individuals who sleep overnight may not have locker space, while some individuals who have rented lockers may sleep on the street or at another agency. (Id. ¶¶ 10-11.) There is no limit on the number of nights a woman may stay, but room is limited and there is no guarantee that space will be available on any particular night. (Id. ¶ 12.) Until recently, Degage had believed that sex offender registrants could not stay at its shelter and thus denied such persons ad[726]*726mission if their sex offender status was known. (Id. ¶ 4.)

Plaintiffs Poe, Doe, Roe, Moe and Loe each has a prior conviction that subjects him or her to the requirements of SORA, including the prohibition of residing within 1,000 feet of a school. They are now, or have been, homeless and have previously used the emergency shelter services offered by Mel Trotter, Degage Ministries, and/or Guiding Light Mission, a shelter that is not a plaintiff in this case but is located within 1,000 feet of a school.

Jane Poe, who is approximately 23 years old and has mental and emotional impairments, was convicted of a misdemeanor CSC charge when she was 20 years old. She is not able to hold a job and has no money to pay for a place to stay. (Poe Aff. ¶¶ 3-4.) Poe states that she has been raped and beaten up in the past and is afraid to be on the streets. (Id. ¶ 5.) Poe stays at different places — including with friends, at Degage Ministries, and on the street.” (Id.) Poe is concerned that if she cannot stay at a shelter, she may have no place to go and could suffer the same fate as Mr. Pauli. (Id. ¶¶ 14-15.)

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Cite This Page — Counsel Stack

Bluebook (online)
834 F. Supp. 2d 721, 2011 WL 6781361, 2011 U.S. Dist. LEXIS 148279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poe-v-snyder-miwd-2011.