LAWM Goes to Court on Behalf of Homeless

John Tunison, "Lawyer Asks Court to Allow Homeless with Sex Offenses to Stay at Shelters Near Schools After Grand Rapids Man Died in Cold Last Winter," The Grand Rapids Press (MI), December 12, 2009

The Grand Rapids Press states:   "Thomas Pauli froze to death early this year next to a car in an auto salvage yard, his friends were outraged that state law prevented the convicted sex offender from taking shelter at local missions.  Now, in the aftermath of the 52-year-old's death amid frigid temperatures, a move is under way to clarify a law that prohibits registered sex offenders from residing anywhere within 1,000 feet of a school or day care.  'No one, regardless of what they have done, deserves death on the street like that,' said Miriam Aukerman, a Legal Aid of Western Michigan attorney taking up the legal battle on behalf of area homeless advocates.  Among the local agencies supporting the effort are: Mel Trotter and Degage ministries, the Servants Center, Salvation Army, Grand Rapids Area Coalition to End Homelessness, Guiding Light Mission and Bethlehem Lutheran Church.  Aukerman recently asked Michigan State Police Director Peter Munoz, whose agency oversees the state's Sex Offender Registry, to look at whether shelters should be considered the 'residence' of a homeless person.  Munoz declined to rule, saying the state police primarily only keeps the computerized database of offenders.  Aukerman now plans to ask a court to issue a decision . . . .  Aukerman filed the request for a 'declaratory ruling' with the state police on behalf of a 49-year-old man with a sex conviction from 20 years ago, and a 23-year-old developmentally disabled woman convicted of a sexual touching crime.  Both are concerned about being turned away from local missions in the winter, she said.  Aukerman argues that shelters are not a permanent residence for the homeless and are simply 'night by night' accommodations . . . .  Aukerman also argued that since all of the emergency shelters in Grand Rapids are within 1,000 feet of a school, the state law 'effectively criminalizes homelessness.'"