Missouri sex offenders will no longer have to display a sign in their window warning children on Halloween after a federal judge ruled part of the law unconstitutional.
The 2008 law made it so that registered sex offenders had to post a sign at their home stating, "No candy or treats at this residence" on Halloween. U.S. District Judge John Ross declared Thursday that this part of the law violated the First and Fourteenth Amendments of the Constitution, as reported by KMOV.
A petition had been filed by Thomas Sanderson, who was arrested in 2022 for hosting Halloween festivities at his residence with his family. Sanderson said in the lawsuit that his family had been hosting Halloween parties every year for the last 22 years. He was convicted of the violation in 2023.
Missouri Attorney General Andrew Bailey's office stated in a October 2023 motion obtained by KMOV, "The First Amendment does not grant sex offenders a right to give candy to children on Halloween."
Other sections of the law will still be enforced. Ross stated in the opinion obtained by Law.com, "Plaintiff can still be charged and prosecuted for keeping his residence's lights on, participating in Halloween activities that involve contact with children such as handing out candy to trick-or-treaters, or leaving his house absent just cause on Halloween."
The Attorney General's Office told KMOV that they are considering an appeal.
Originally published on Latin Times.
