Missouri’s sex offenders no longer must place “no candy” warning signs outside their homes on Halloween, a federal judge ruled, arguing that part of the state’s law is unconstitutional.
A state law enacted in 2008 prohibited registered sex offenders from going outside to interact with children and from having outside lights on, and they are required to post a sign warning that “no candy or treats” are offered at the home on Halloween night, according to Fox 2.
But U.S. District Judge John Ross on Wednesday ruled that the sign requirement portion of the law will no longer be enforced, starting this Halloween.
Ross said officials were permanently enjoined statewide from enforcing the sign requirement.
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The ruling comes after Hazelwood, Missouri, resident Thomas Sanderson filed a lawsuit last year arguing that the sign requirement violated his First Amendment rights to free speech, claiming the statute forced him to make a statement he did not agree with.
Police arrested Sanderson shortly after Halloween in 2022, accusing him of setting up a large Halloween display and handing out candy to children.
Sanderson is on the Missouri State Highway Patrol’s sex offender registry list as a Tier Level II offender. He has been included on the state’s sex offender registry list since 2006, and a Tier Level II designation means he is required to complete a 25-year registration requirement.
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Before 2022, the lawsuit says, authorities told Sanderson on two separate occasions — in 2008 and 2012 — that the statute did not apply to him because his conviction came before the requirement went into effect in 2008. Sanderson has held Halloween festivities every year since 2008 and was never issued a written or verbal notice that the statute applied to him, according to the original petition.
Sanderson pleaded guilty in April 2023 to one charge of failure to comply with Halloween-related restrictions for sex offenders, court records show.
While Ross’ ruling on Wednesday means registered sex offenders in Missouri are no longer required to post a warning sign on Halloween, they still must follow the other provisions in the statute that require them to stay inside and keep outside lights turned off.
