ST. LOUIS — In various states, laws aim to shield children from convicted sexual offenders during Halloween, including imposing curfews and mandating that offenders keep their porch lights dark. However, a recent ruling in Missouri has deemed one requirement excessive.
A 2008 Missouri statute stating that registered offenders must post signs on Halloween declaring “No candy or treats at this residence” has been ruled unconstitutional. U.S. District Judge John Ross decided that this requirement infringed on the First Amendment by mandating “compelled speech,” which restricts the freedom of offenders to communicate in their own manner or to remain silent altogether. This ruling, however, does uphold other measures in the Missouri law that mandate offenders stay in their homes from 5 p.m. to 10:30 p.m. on Halloween and keep their outdoor lights off.
The Missouri law requiring signage is particularly distinct compared to those adopted by other states, as similar local mandates have either faced legal challenges or been withdrawn following lawsuits. The recent judgment has met with mixed reactions; while some argue that strong measures are warranted to protect children on a night when they are out in large numbers, others criticize the sign requirement as unnecessarily harsh and potentially ineffective.
One concerned parent, Tara Bishop, who is active in advocating against child predators, voiced her discontent with the ruling. She expressed that it represents a setback, suggesting that the rights of perpetrators are being prioritized over those of their victims. Janice Bellucci, the attorney for the plaintiff challenging the law, emphasized the long-term consequences of being forced to display such signage. She stated that the stigma attached to the requirement is enduring, affecting an offender’s life indefinitely while residing in the same location.
The lawsuit was initiated on behalf of Thomas L. Sanderson from Hazelwood, Missouri. Convicted of second-degree sodomy in 2006, he was accused by a 16-year-old family friend of inappropriate conduct. Despite maintaining his innocence, Sanderson served two years in prison and is mandated to register as a sexual offender for 25 years. The specific Halloween law went into effect two years post his conviction. It is yet to be clarified how many of Missouri’s estimated 26,000 registered offenders have faced charges for breaching this particular law or how rigorously it is enforced.
Sanderson sought guidance from local police regarding the law’s applicability to his situation and was informed he wasn’t impacted due to his conviction being established before the statute’s implementation. As a result, he hosted lively Halloween events until the night of October 31, 2022, when police arrived at his house. Finding no sign displayed, he was subsequently arrested. He pleaded guilty to a misdemeanor for breaking the Halloween rule and was placed on probation afterward. He then decided to pursue legal action against the law.
Missouri Attorney General Andrew Bailey’s office argues that they have a responsibility to ensure the safety of children, who may be unable to make sound decisions for their safety. An appeal against the ruling is in consideration. Bailey, expressing the objective of making Missouri a leader in child safety, asserted that this includes creating a secure environment on Halloween night.
Alison Feigh, director of the Jacob Wetterling Resource Center at Zero Abuse Project, pointed out that most child assaults occur when offenders develop relationships with their victims and their families. She expressed that measures like public signage do little to enhance child safety, potentially offering families a misleading sense of security without actually preventing incidents of abuse.
Numerous other jurisdictions with similar Halloween sign laws have faced legal setbacks. In Georgia, a suit in 2019 involved accusations against the Butts County Sheriff’s Office for allegedly trespassing to place humiliating signs on the properties of those on the registry, which read, “WARNING! NO TRICK-OR-TREATING AT THIS ADDRESS!! A COMMUNITY SAFETY MESSAGE FROM BUTTS COUNTY SHERIFF GARY LONG.” A federal appeals court later ruled that these signs violated the First Amendment rights.
In California, Simi Valley once mandated signs for registered offenders until legal action in 2013 led to a settlement. Furthermore, a lawsuit filed in January against the sheriff’s office in Marion County, Arkansas, came about after the office posted signs stating “Sorry! No Trick or Treat” in the yards of registered offenders. Subsequent to the lawsuit, the sheriff’s office agreed to cease the policy of requiring such signs.