The state House Judiciary Committee has voted to advance a pair of bills that would prohibit those on the state’s sex offender registry from working at businesses that primarily serve minors.
House Bill 5425 would ensure that registered sex offenders in the state cannot work at businesses that primarily provide services to those who are under 18. The bill lists businesses such as martial arts studios, dance studios, and summer camps as businesses that allow for “unsupervised access to individuals under 18 years of age during activities.” House Bill 5426 would make corresponding changes to the state’s criminal code.
The bills are sponsored by Representative Matt Bierlein (R-Vassar). At a committee hearing, he said he was inspired to propose the bills after hearing concerns from parents in his district, who said they were concerned after hearing that the owner of a local martial arts studio, where their children went, was on the sex offender registry.
“These bills are about strengthening protections for children and ensuring our laws are consistent. If we believe children should be protected in schools, that same principle should extend to other environments designed primarily for them,” Bierlein said.
The state’s Sex Offenders Registration Act requires people convicted of certain sex crimes, both against children and adults, to register with the state and pay an annual registration fee. They also must notify the state if any of their information that appears on the sex offender registry changes, such as their address.
Lincoln Christian, one of the parents in Bierlein’s district, said in committee testimony he was surprised to find that the martial arts studio's owner was not in violation of any laws.
“Like nearly every adult I have spoken to, my wife and I assumed from the very beginning that a child sex offender could not possibly own and operate a child's martial arts studio, and therefore it would be safe for our son to attend,” he said.
He said current laws don’t go far enough, and the burden should not be placed on children and their families.
“I acquiesce that the Michigan Sex Offender[s] Registry exists and that I have free access to use it for the purpose of deciding who should be in contact with my children,” he said. “I also assert that having to consult said registry before engaging in what should be normal, healthy, every day activities is an undue burden upon my family.”
Several groups oppose the bills, including Michigan Citizens for Justice and Criminal Defense Attorneys of Michigan.
Miriam Aukerman, attorney for the ACLU of Michigan, said she empathized with the intention behind the bills, but that they may not hold up in court.
“I'm also a mom and I understand the parents' concerns,” she said. “This bill is certainly well-intentioned, but it is also flatly unconstitutional. So we oppose it for that reason. There are ways to address parental concerns that don't violate the Constitution.”
She pointed to a previous Michigan rule that prohibited registered sex offenders from being within 1,000 feet of schools, which was found unconstitutional and removed when the law was amended in 2021. There have been other challenges to the Sex Offenders Registration Act as recently as 2024.
The bills were advanced by the committee and will now move to the full House.
