Four sex offenders in Missouri have filed a lawsuit, claiming that Halloween activity restrictions placed on them by state law are unconstitutionally vague. Missouri law requires sex offenders to “avoid all Halloween-related contact with children” by staying inside their homes from 5 to 10:30 p.m. “unless there is just cause to leave,” such as a job or emergency. They are also prohibited from turning on outside lights and must post a sign that says “no candy or treats at this residence.” If violated, the offense is a misdemeanor, punishable by up to a year in jail. Other states have passed similar laws to protect children from sexual predators on Halloween.
The lawsuit was filed on the offenders’ behalf by the American Civil Liberties Union of Eastern Missouri. The ACLU legal director, Tony Rothert, complained that the terms “Halloween-related contact” and “avoid” and “just cause” are not clear, and therefore fail to provide enough guidance to police to prevent arbitrary or discriminatory enforcement. He cited concerns about the required posted signs causing the offenders to become targets of harassment and claimed that the law makes it unclear whether the offenders may costume their own children.
Tags: ACLU, Halloween, sex offender
