State Sex Offender Halloween Law Partially Blocked

Della Sellers — Tue, 28 Oct 2008 17:00:33 +0000

The US District for the Eastern District of Missouri Monday issued a preliminary injunction against a recently passed Missouri law that sets restrictions on the Halloween activities of registered sexual offenders. The court held that the provisions of the law that would have required sex offenders to avoid interaction with children on Halloween and remain indoors from 5:00pm to 10:30pm unless just cause existed to leave were unduly restrictive and might prevent such persons from celebrating with their own children or traveling. The court upheld other portions of the law, such as requiring sex offenders to go without porch lighting and to display a sign stating no candy would be handed out at their residence.

Missouri Governor Matt Blunt stated in a press release that an appeal had been filed with the Court of Appeals to reverse the ruling.

Source: http://jurist.law.pitt.edu/paperchase/2008/10/missouri-law-limiting-halloween.php

Sex Offenders Challenge Halloween Restrictions

Dana Altman — Thu, 09 Oct 2008 16:14:56 +0000

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.

Source: http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=607&docId=l:l:864989160&topicId=12716&source=undefined&start=3&topics=single

USLegal Reporter » sex offender

State Sex Offender Halloween Law Partially Blocked

Sex Offenders Challenge Halloween Restrictions