MICHIGAN LAW SORA: Pre-2011 registry void — Smith, Sept. 9 MSP removes 20,000+ from registry Abdulla: LLC no-fault loophole closed Senate re-passes 9 vetoed bills Robinhood halts MI sports contracts Short: PWDCRA 6-month notice rule PFAS Awareness Week Sept. 21–25

Sunday, September 13, 2026 — A unanimous Michigan Supreme Court struck the registry’s retroactive reach. Within 48 hours, more than half the active database was gone.

The
Un­registry

In People v. Eddie Lee Smith, decided September 9, all seven justices held that Michigan cannot enforce its current Sex Offender Registration Act against anyone whose registrable offense occurred before July 1, 2011. The ruling extends the Court’s Kardasz finding that SORA functions as criminal punishment — not civil regulation — to the oldest cohort of registrants. The Michigan State Police began mass removals the next day.

Holding Const 1963, art 1, § 16 — Ex Post Facto

Michigan Supreme Court — People v. Eddie Lee Smith — Decided September 9, 2026

Three Registry Versions, One Constitutional Ceiling

Michigan enacted SORA in 1995, rewrote it in 2011, and again in 2021. Each expansion added lifetime registration, in-person reporting, and public online listings. The Court has now struck retroactive application at every layer.

1995 Original SORA enacted Pre-2011 offenses: UNENFORCEABLE
2011 SORA rewrite — People v. Betts (2021) Retroactive to pre-2011: VOID
2021 People v. Kardasz — punishment, not civil 2021 SORA on pre-2011: VOID
2026 People v. Smith — full retroactivity bar Post-July 1, 2011: Still governed

Unlike the Betts ruling in 2021 — when lawmakers had a replacement statute ready — the Legislature now has no substitute law prepared. Legal scholars expect pressure to draft a civil-compliance framework that survives constitutional review, likely treating violations as administrative rather than criminal.

WILX — Smith ruling analysis →
0 Registrants removed from MSP database within 48 hours of the Court’s order

Col. James F. Grady II, director of the Michigan State Police, confirmed removals began September 11. Of approximately 43,000 active registrants at the time of the order, more than 20,000 had been deleted by Friday. The review continues — final numbers may shift as individual cases are evaluated against the July 1, 2011 cutoff.

0 Active registrants at order
0 Constitutional cutoff year
0 Order to mass removal
Michigan State Police — compliance statement →

Michigan Supreme Court — Abdulla v. Progressive Southeastern Insurance Co. — Published September 10, 2026

The LLC Loophole Closes

Commercial truck operators had been structuring vehicle ownership through single-member LLCs to claim PIP benefits after accidents involving uninsured commercial vehicles. The Court of Appeals allowed it. The Supreme Court reversed unanimously.

Prior Rule — Irwin Framework

Corporate form shielded sole members from MCL 500.3113(b) disqualification. An LLC owner who never “personally” owned the vehicle could recover PIP despite operating an uninsured commercial rig.

Abdulla Holding

Statutory ownership under MCL 500.3101(3)(l)(i) turns on use and control, not corporate formalities. Sole members with unfettered operating authority are functional owners. MCL 500.3113(b) bars recovery absolutely.

No piercing the corporate veil is required. The No-Fault Act contemplates multiple simultaneous owners. Out-of-state accident provisions and resident-relative priority cannot bypass the disqualification.

Michigan Lawyers Weekly — Abdulla analysis →

Michigan Senate — September 10, 2026

Nine Vetoed Bills, Resurrected

After an 18-month legal fight over whether the House could withhold enrolled bills from Governor Whitmer, the Senate passed nine worker-relief measures a second time. Whitmer vetoed the first batch in July, citing stale date references. Senate Democrats say the policy is sound; House Speaker Matt Hall calls it a campaign stunt.

SB 1133–1135 Corrections & Law Enforcement Pension Opt-In Senate Passed
SB 1136 Public Employee Health Insurance Costs Senate Passed
SB 1137–1138 Public Assistance Garnishment Exemptions Senate Passed
SB 1139–1141 History Museum Millage Ballot Authority Senate Passed
House Speaker Hall: “Ready to negotiate” — or stall Pending

The bills now head to a Republican-controlled House where Hall has demanded concessions on property tax elimination and electric rates before taking them up. The Senate spent more than $300,000 in legal fees winning the right to transmit the original enrolled bills.

Michigan Public — vetoed bills resurrected → Senate Democrats — bill summaries →

Court of Appeals — Short v. Michigan State Police, No. 375823 — Published August 3, 2026

Six Months to Sue the State for Disability Bias

A Michigan State Police lieutenant alleged demotion based on disability. He filed notice of intent to sue roughly nine months after the disciplinary hearing. The trial court applied a one-year window. The Court of Appeals reversed: PWDCRA claims are “personal injuries” governed by the Court of Claims Act’s six-month rule.

MCL 37.1101 et seq. Persons with Disabilities Civil Rights Act — prohibits employment discrimination on basis of disability
MCL 600.6431(4) Court of Claims Act — six-month notice for claims sounding in “personal injuries”
MCL 600.6431(1) Default one-year notice — does NOT govern when subsection (4) applies

Judge Sima G. Patel wrote for a unanimous panel, declining to follow an unpublished Chiravuri decision that applied the one-year period to ELCRA claims. Published opinions bind Michigan trial courts. Civil rights practitioners suing state agencies must calendar the six-month deadline from the triggering event.

Michigan Lawyers Weekly — Short v. MSP →

Follow-Up — Prediction Markets — September 9, 2026

Robinhood Joins Kalshi Exit

Since last edition’s Kalshi preliminary injunction: Robinhood Derivatives, LLC agreed to stop offering new sports-related event contracts to Michigan customers by end of day September 9, and to close remaining positions by October 9, under a court-approved stipulation with the Michigan Gaming Control Board.

KalshiEx, LLC Preliminary injunction — geofence + $500K/day contempt September 2
Robinhood Derivatives Voluntary halt of sports event contracts September 9
Sixth Circuit Federal appeals on regulatory authority pending Ongoing

Robinhood preserves its argument that federally structured contracts fall outside state gaming law. The stipulation lasts until Sixth Circuit appeals resolve. Michigan becomes the second state this month to force a prediction-market withdrawal.

Michigan Gaming Control Board — Robinhood stipulation →

Court of Appeals — Roskey v. Wickings, No. 373223 — Published August 13, 2026

Provocation Must Be Objective

“By failing to apply a purely objective standard, the district court misconstrued or misapplied the statutory definition of ‘provoke’ in MCL 287.321(d).”

Judge Daniel S. Korobkin — Roskey v. Wickings, ___ Mich App ___ (2026)

A St. Clair County district court ordered euthanasia of a dog named Chance after a bite incident. The court found a guest’s actions did not constitute provocation under MCL 287.322 based partly on the guest’s subjective thoughts and feelings. The Court of Appeals vacated the order: provocation under MCL 287.321(d) requires an objective reasonable-person standard. The case remands for findings under that framework.

Michigan Lawyers Weekly — Roskey v. Wickings →

Multistate Litigation — Illinois v. HUD — Resolved September 9, 2026

Fair Housing Funding Restored

Attorney General Dana Nessel joined 16 states challenging unlawful conditions the Trump administration placed on Fair Housing Assistance Program funding. HUD conceded: the challenged FY 2025 guidance is no longer in effect, and the conditions will not apply to FY 2026 funding or future guidance.

Plaintiff Coalition 16 states including Michigan
Challenged Conditions Restricted reimbursement for state-law fair housing complaints beyond federal minimums
Outcome Joint stipulation of dismissal; HUD letter confirms no future enforcement
Michigan AG — FHAP victory →
0 Attorneys general urging FCC to strengthen “Know Your Upstream Provider” anti-robocall rules

Nessel joined a bipartisan coalition asking the FCC to mandate baseline KYUP measures: verified upstream provider data, regular compliance monitoring, service termination triggers for bad actors, and retention of verification records for law enforcement. The comment period targets illegal robocall pathways through voice service provider chains.

Michigan AG — KYUP coalition →

EGLE / MPART — September 8, 2026

PFAS Awareness Week Arrives

Michigan’s first statewide PFAS Awareness Week runs September 21–25, with 15 events from Ypsilanti to Traverse City. Governor Whitmer proclaimed the week in May. MPART coordinates seven departments addressing forever chemicals in drinking water, wastewater, fish consumption, and consumer products.

Michigan’s seven-compound PFAS MCLs remain enforceable under state law even as EPA proposes rolling back four of six federal limits. Public water supplies must complete initial federal PFAS monitoring by June 2027. Private well owners outside official investigation zones must self-fund testing.

EGLE — PFAS Awareness Week → Michigan PFAS MCLs →

Signed Legislation — July 2026, Effective Planning 2027

Michigan Housing Opportunity Tax Credit Launches

MHOTC Program State-level low-income housing tax credit — ~2,500 rental units/year Early 2027
Single-Stair Reform Four-story residential buildings permitted with one staircase Effective
Corporate Cap Large corporations limited to 100 single-family home ownerships Effective

Governor Whitmer signed the bipartisan housing package in July. Advocates say the MHOTC, paired with federal LIHTC and private investment, addresses Michigan’s chronic affordable-housing shortage. The single-stair amendment targets construction cost reduction in mid-rise residential.

Michigan Independent — housing package →

Forward Look — September 14–20, 2026

The Week Ahead in Michigan Law

September 15

FY27 State Budget Takes Effect

Public Act 21 of 2026 (SB 878) appropriations activate for the October 1 fiscal year. Agencies begin implementing H.R. 1 Medicaid and SNAP compliance provisions under the $186.6 million general fund allocation.

September 21–25

PFAS Awareness Week — Statewide Events

MPART webinars on private-well sampling, community conversations in Traverse City, and a WMU geological survey symposium in Kalamazoo. Regulatory practitioners should monitor EGLE compliance monitoring results from Q3 sampling.

September 24

Absentee Ballots Available — November 3 General Election

Forty days before Election Day, clerks must issue absent voter ballots. Secure drop boxes become accessible 24 hours daily. Proposal 1 (constitutional convention) and Proposal 2 (MMOP) campaigns accelerate.

Ongoing

Legislature — SORA Replacement Drafting Expected

With no substitute registry statute prepared, criminal law committees may convene hearings on a civil-compliance framework. Defense counsel should file motions for individual removal in cases not yet processed by MSP.

October 9

Robinhood Sports Contracts — Position Closeout Deadline

Remaining Michigan customer positions in sports-related event contracts must close under the MGCB stipulation. Kalshi geofencing compliance continues under Judge Aquilina’s preliminary injunction.

Michigan SOS — 2026 election calendar (PDF) → FY27 Budget — PA 21 of 2026 (PDF) →
What is Legally Brief?