Federal judge declares portion of Missouri sex offender Halloween law unconstitutional
ST. LOUIS, Mo. (First Alert 4) - A federal judge declared Thursday a portion of a Missouri sex offender Halloween law as unconstitutional.
U.S. District Judge John Ross declared the portion of a law established in 2008 that required those on the sex offender registry to post a sign to their homes reading, “No candy or treats at this residence” on Halloween as unconstitutional. Ross said the law violated the First and Fourteenth Amendments of the U.S. Constitution.
According to the original petition filed for the plaintiff, Thomas Sanderson, Sanderson had been arrested in 2022 for a violation of this statute after having Halloween festivities at his Hazelwood home. According to the lawsuit, Sanderson and his family had hosted festivities every year for 22 years, including the 14 years between the establishment of the law and his 2022 arrest.
Sanderson was convicted of the violation in April 2023.
In a motion filed by Missouri Attorney General Andrew Bailey’s office in October 2023, he argued, “The First Amendment does not grant sex offenders a right to give candy to children on Halloween.”
Due to the ruling, enforcement of the Halloween sign requirement will be prohibited. All other provisions in the statute will be enforceable.
The Attorney General’s Office told First Alert 4, “We are reviewing all options, which includes a potential appeal.”
Copyright 2024 KMOV. All rights reserved.
