Missouri sex offenders can no longer place “No Candy” warning signs outside their homes on Halloween, a federal judge has ruled, arguing that part of the state law is unconstitutional.
A state law enacted in 2008 prohibits registered sex offenders from going outside to interact with children or turning on outside lights, and prohibits them from providing candy or treats on Halloween night. It is mandatory to post a warning sign in your home. According to Fox2.
But U.S. District Judge John Ross ruled Wednesday that the signature portion of the law will no longer go into effect starting this Halloween.
Ross said the agency is permanently prohibited from enforcing the signature requirement across the state.
The ruling comes after Thomas Sanderson, a resident of Hazelwood, Missouri, filed a lawsuit last year alleging that the signature requirement violated his First Amendment right to free speech, under which he was forced to make statements he disagreed with. This was done in response to what happened.
Police arrested Sanderson shortly after Halloween 2022 for allegedly setting up a large Halloween display and handing out candy to children.
Sanderson is listed as a Tier Level II offender on the Missouri State Highway Patrol's sex offender registry. He has been on the state's sex offender registry since 2006, and the Tier Level II designation means he must complete 25 years of registration requirements.
The complaint alleges that before 2022, authorities had committed charges against Sanderson twice, in 2008 and 2012, and that Sanderson's convictions occurred before the requirement took effect in 2008. Because of this, he was told that the law did not apply to him.
According to the original petition, Sanderson has held an annual Halloween festival since 2008, but no written or oral notice was ever issued that the law applied to him.
Sanderson pleaded guilty in April 2023 to one count of failing to comply with Halloween regulations for sex offenders, according to court records.
Ross' Wednesday ruling means Missouri sex offender registrants are no longer required to post warning signs on Halloween, but other laws that require them to stay indoors and turn off outside lights The terms must still be followed.
