Missouri sex offenders are no longer mandated to display “no candy” warning signs outside their homes on Halloween. A federal judge has ruled that this aspect of the state’s law is unconstitutional. The 2008 law prohibited registered sex offenders from interacting with children outside and from having illuminated exteriors, requiring them to post a notice stating “no candy or treats” on Halloween night.
On Wednesday, US District Judge John Ross declared that the sign requirement would no longer be enforced starting this Halloween. He issued a permanent injunction against the enforcement of this part of the law.
The ruling followed a lawsuit by Thomas Sanderson, a resident of Hazelwood, Missouri. Sanderson argued that the sign requirement infringed on his First Amendment rights, compelling him to make a statement he disagreed with. Police had arrested Sanderson shortly after Halloween in 2022 for setting up a large Halloween display and distributing candy to children.
Since the Federal District Court in St. Louis says they *do* have jurisdiction to protect the Constitutional rights of sex offenders, but *don’t* have jurisdiction for everyone else, I guess you all can be judge and jury. https://t.co/Jn7GXRHq2K
— Eric Garland (@ericgarland) October 6, 2024
Sanderson, listed as a Tier Level II offender on the Missouri State Highway Patrol’s sex offender registry, has been on the list since 2006. A Tier Level II designation necessitates a 25-year registration. Before 2022, authorities had informed Sanderson in 2008 and 2012 that the statute did not apply to him since his conviction predated the law’s enactment. Sanderson had held Halloween celebrations annually since 2008 without receiving any notice that the law applied to him.
In April 2023, Sanderson pleaded guilty to one charge of failing to comply with Halloween-related restrictions for sex offenders. Despite Judge Ross’s ruling eliminating the sign requirement, registered sex offenders in Missouri must still adhere to other provisions of the statute, including staying indoors and keeping exterior lights off.
What Other Media Are Saying
- ACSOL reports that Missouri sex offenders no longer need to post warning signs outside homes on Halloween, a federal judge ruling their previous requirement violated free speech rights.(read more)
- FOX News: A federal judge ruled Missouri sex offenders no longer need to post warning signs outside their homes on Halloween, citing constitutional violations, while still enforcing other restrictions like staying inside and turning off lights.(read more)
- NW Arkansas Homepage reports a federal judge’s ruling that Missouri sex offenders no longer need to display “no candy” signs on Halloween, citing First Amendment concerns and state statute violations.(read more)
Frequently Asked Questions
Here are some common questions asked about this news
Do sex offenders in Missouri have to put up ‘no candy’ signs on Halloween?
No, a federal judge ruled that requirement unconstitutional.
What year was the Missouri law requiring ‘no candy’ signs enacted?
The law was enacted in 2008.
Can sex offenders in Missouri hand out candy on Halloween?
No, they are still prohibited from interacting with children and must stay indoors.
Why did Thomas Sanderson file a lawsuit about the ‘no candy’ sign requirement?
He argued it violated his First Amendment rights to free speech.
What did the federal judge’s ruling change about Missouri’s Halloween law for sex offenders?
The ruling removed the requirement to post ‘no candy’ signs but other restrictions remain.
