ST. LOUIS — Many states have laws designed to keep children away from convicted sex offenders on Halloween night, such as curfews for those on offender registries and requirements to keep their porch lights off.
But a Missouri law requiring yard signs was a step too far, a judge ruled.
A 2008 law required registered offenders in Missouri to post signs by Oct. 31 that read: “No candy or treats in this residence.” U.S. District Judge John Ross ruled this month that the provision violated the First Amendment by enforcing “compelled speech,” depriving those on the clerk’s desk of their freedom to speak in their own words or not to speak at all to speak.
The ruling strikes down other provisions of Missouri law that require registrars to stay in their homes between 5 p.m. and 10:30 p.m. on Halloween and leave their outdoor lights off.
Missouri’s sign law is unique among states, but some cities and counties have tried similar laws that were either struck down in court or repealed as part of a lawsuit.
Ross’ ruling on Missouri’s sign law drew mixed reactions. Some said extraordinary steps are needed on a night when children flood the streets and often knock on strangers’ doors. Others said the sign law was unnecessarily cruel – and even counterproductive.
“I feel like it’s a setback and another example of how the rights of predators trump those of their victims,” said Tara Bishop, a 40-year-old mother of four from southwest Missouri who has a Facebook page operates under the name Child Predators Exposed. than 10,000 followers.
Janice Bellucci, the attorney for the Missouri man who challenged the law, said that for those forced to install the sign, the damage is long-lasting.
“It doesn’t just stigmatize you that one day, it stigmatizes you for the rest of your life as long as you live there,” said Bellucci, who is part of the California-based Alliance for Constitutional Sex Offense Laws.
The lawsuit was filed on behalf of Thomas L. Sanderson of Hazelwood, Missouri, a suburb of St. Louis. He was convicted of second-degree sodomy in 2006 after a 16-year-old family friend accused him of sexually touching her. Sanderson, who has maintained his innocence, was sentenced to two years in prison and ordered to register as a sex offender for 25 years.
The Missouri Halloween law was passed two years later. It’s unclear how many of the state’s roughly 26,000 convicted sex offenders have been charged with violating the law, or how strict enforcement has been.
According to the lawsuit, Sanderson asked police if he was covered by the law because his conviction occurred before the law was passed. He said he was told that wasn’t the case, so he continued to throw Halloween parties, complete with animatronic figures, lights, a bonfire, music and candy, the lawsuit said.
But the lawsuit said police arrived at Sanderson’s home on Halloween night 2022. No sign was posted and he was arrested. He pleaded guilty to a misdemeanor charge of violating the Halloween statute and was placed on probation. He filed a lawsuit last year.
Missouri Attorney General Andrew Bailey’s office wrote in court papers that the state has an obligation to protect children who cannot make adequate decisions for themselves. Bailey’s office said an appeal is planned.
“I want Missouri to be the safest state in the country for children. That includes Halloween,” Bailey, a Republican, said in a statement.
Alison Feigh, director of the Jacob Wetterling Resource Center at the Zero Abuse Project, which focuses on helping agencies prevent, recognize and respond to child sexual abuse, said most attacks occur after perpetrators have built relationships with victims and their families. Tactics like signs don’t help keep children safe, she said in an email.
“These public signals can give families a false sense of security while not actually preventing child abuse,” Feigh said.
Other Halloween sign laws have also suffered setbacks.
In Georgia the Butts County Sheriff’s Office was sued in 2019, with people filing claims that authorities entered their properties to post signs that caused humiliation and fear. The signs read: “WARNING! NO TRICK-OR-TREATING AT THIS ADDRESS!! A COMMUNITY SAFETY MESSAGE FROM BUTTS COUNTY SHERIFF GARY LONG.”
A federal appeals court panel said in 2022 that the signage violated the First Amendment.
In California, Simi Valley required Halloween yard signs from registered sex offenders until a 2013 settlement was reached in a lawsuit brought on behalf of five perpetrators by the Alliance for Constitutional Sex Offense Laws.
In January, the alliance filed suit after the sheriff’s office in Marion County, Arkansas, created and installed signs and placed them in the registrar’s yard. The signs read: “Sorry! No trick or treat.” The sheriff’s office later agreed to stop posting or requiring the signs.