United States District Court, N.D. Illinois, Eastern Division
MICHAEL BELEY AND DOUGLAS MONTGOMERY, individually and for a class, Plaintiffs,
CITY OF CHICAGO, Defendant.
MEMORANDUM OPINION AND ORDER
Robert Blakey United States District Judge.
December 6, 2012, Plaintiffs Michael Beley and Douglas
Montgomery, homeless sex offenders residing in the City of
Chicago, filed suit against the city on behalf of themselves
and a putative class of other homeless sex offenders.
Plaintiffs alleged that Defendant's sex offender
registration procedures, as applied to homeless offenders,
violated: (1) procedural due process (Count I); (2) equal
protection (Count II); (3) freedom of intimate association
(Count III); and (4) the Illinois Sex Offender Registration
Act (Count IV). On February 17, 2015, the Court dismissed
Counts II and III with prejudice. Mem. Op. and Order .
On December 7, 2015, the Court certified the following class:
All persons who attempted to register under the Illinois Sex
Offender Registration Act with the City of Chicago from
December 6, 2010 to the date of entry of judgment and who
were not permitted to register because they were homeless.
Op. and Order  15. The Court designated Plaintiffs
Michael Beley and Douglas Montgomery as the class
September 20, 2016, Defendant moved for summary judgment on
Plaintiffs' two remaining claims. Def.'s Mot. Summ.
J. . On October 20, 2016, Plaintiffs cross-moved for
partial summary judgment on Count I on the issue of
liability. Pls.' Mot. Summ. J. . For the reasons
stated below, Defendant's motion  is granted;
Plaintiffs' motion  is denied.
The Illinois Sexual Offender Registration Act
Illinois, individuals convicted of certain sexual crimes must
comply with rigorous reporting requirements under the
Illinois Sexual Offender Registration Act
(“SORA”), 730 ILCS 150/1 et seq. Sex
offenders must provide law enforcement comprehensive
biographical information, including, inter alia:
current address, current place of employment . . . telephone
number, including cellular telephone number, the
employer's telephone number, school attended, all email
addresses, instant messaging identities, chat room
identities, and other Internet communications identities that
the sex offender uses or plans to use, all Uniform Resource
Locators (URLs) registered or used by the sex offender, all
blogs and other Internet sites maintained by the sex offender
or to which the sex offender has uploaded any content or
posted any messages or information . . . a copy of the terms
and conditions of parole or release signed by the sex
offender and given to the sex offender by his or her
supervising officer or aftercare specialist, the county of
conviction, license plate numbers for every vehicle
registered in the name of the sex offender, the age of the
sex offender at the time of the commission of the offense,
the age of the victim at the time of the commission of the
offense, and any distinguishing marks located on the body of
the sex offender.
is made in person with the municipality in which the offender
“resides or is temporarily domiciled for a period of
time of 3 or more days.” Id. at 150/3(a)(1).
At the time of registration, the offender must provide
“positive identification” and
“documentation that substantiates proof of residence at
the registering address.” Id. at 150/3(c)(5).
To register, an offender must also provide a current
photograph, and may be required to provide fingerprint,
blood, saliva, or tissue specimens. Id. at 150/8.
an offender's initial registration, SORA further imposes
extensive update requirements. If an offender is temporarily
absent from his registered address for three or more days,
for example, he must notify law enforcement and provide his
travel itinerary. Id. Similarly, an offender must
report, in person, within three days of beginning school,
establishing a new residence, or obtaining or changing
employment. Id. at 150/3(b), (d). If an offender
starts attending an institution of higher education, he must
not only register with the police department in the
jurisdiction where the school is located, but also the
school's public safety or security director. Id.
from these specific reporting events, an offender must
reregister at least annually, and the registering law
enforcement agency may require him to appear, upon request,
up to four more times per year. Id. at 150/6.
Additionally, the offender is required to pay a $100 initial
registration fee and a $100 annual renewal fee (although the
registering agency may waive the registration fee if it
determines that the person is indigent and unable to pay).
Id. at 150/3(c)(6).
for violating SORA are severe. Failure to register
constitutes a Class 3 felony punishable by two to five years
imprisonment. 730 ILCS at 150/10; 730 ILCS 5-4.5-40.
Subsequent failures constitute Class 2 felonies punishable by
three to seven years imprisonment. 730 ILCS 150/10; 730 ILCS
5-4.5-35. Moreover, in addition to any other penalty required
by law, SORA mandates a minimum period of seven days'
confinement in the local county jail and minimum fine of
$500. 730 ILCS 150/10. Finally, a SORA violation will extend
an offender's mandatory registration period by ten years.
Id. at 150/7.
Registration Within the City of
offender registrations for Chicago residents occur with the
Criminal Registration Section (“CRS”) at the
Chicago Police Department (“CPD”) headquarters.
DSOF  ¶ 6; PSOF  ¶ 1. When an offender
arrives at CPD headquarters, a registering official-typically
a CPD officer-determines whether the offender satisfies
SORA's myriad requirements, including those related to
positive identification, proof of residence, and registration
fees. PSOF  ¶ 18. If an offender satisfies
SORA's prerequisites, he is registered; if not, he is
turned away. CRS maintains a daily “Criminal
Registration Log” that documents each registration
attempt. In cases where an offender is denied registration,
the registering official memorializes the reason for denial
on the Criminal Registration Log in a box labeled,
“Reason For Being Turned Away.” See,
e.g. PSOF  Ex. 2.
SORA and Homelessness
word “homeless” does not appear in SORA's
statutory text. Notwithstanding SORA's demand for an
offender's “current address” (and supporting
documentation thereof), however, the statute does
allow registration of offenders without a “fixed
residence.” 730 ILCS 150/3(a). “Fixed
residence” is defined as any place that a sex offender
resides for an aggregate period of time of five or more days
in a calendar year. Id. at 150/2(I). Offenders
without a “fixed residence” must report to their
registering agency in person on a weekly basis. 730 ILCS
150/3(a). The registering agency must document each weekly
registration, including each location where the person stayed
during the past seven days. Id.
allege that, despite this statutory exception, Defendant
improperly engaged in a policy or widespread practice of
refusing to permit homeless offenders to register every seven
days. Second Am. Compl. . The evidence offered by
Plaintiffs is detailed below.
Class Representative Michael Beley
representative Michael Beley, a resident of Chicago, was
convicted of a sexual crime requiring him to register as a
child sex offender under SORA. DSOF  ¶ 1. At his
deposition, Beley testified to the following: on November 19,
2012, Beley was released from Taylorville Correctional Center
and spent the night “on the streets” of Chicago.
DSOF  ¶ 11; PSOF  ¶ 3. On the morning of
November 20, 2012, Beley reported to CPD headquarters to
complete his sex offender registration. DSOF  Ex. 6;
PSOF  ¶ 3. Upon arrival, Beley was informed by
Officer Christopher Meaders that he required “an ID
with a fixed address” in order to register. DSOF 
Ex. 2 at 39:14-15; PSOF  Ex. 5. Beley did not possess an
identification card with a fixed address. DSOF  Ex. 2 at
39:21-40:20. As a result, Beley was not registered.
Id. at 40:21-41:6. In the CRS Criminal Registration
Log, Officer Meaders notated Plaintiff's “Reason
For Being Turned Away” as “PROOF OF ADD.”
DSOF  Ex. 6.
attempted to register again on November 23, 2012. PSOF 
¶ 5. Once again, Beley was denied, although Beley did
not testify to the specific reason for his rejection.
Id.; DSOF  Ex. 2. The parties agree, however,
that CPD officers directed Beley to potential shelter
options. PSOF  ¶ 5. The Criminal Registration Log
for that day ...