A sex offender brought his case to court over a Halloween law, he won

Oct 7

Karah Rucker Producer

By Karah Rucker (Producer), Evan Hummel (Producer)

A U.S. federal judge ruled on Wednesday, Oct. 2, that a Missouri law requiring sex offenders to post warning signs for trick or treaters is unconstitutional. Under Missouri law, convicted sex offenders are mandated to keep outside lights off, stay inside and put up signs saying that they had “no candy” to handout at their homes on Halloween night.

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Now, the sign requirement can no longer be enforced by law enforcement throughout the state this Halloween.

The judge’s decision to toss the provision came after Missouri resident Thomas Sanderson, a registered sex offender, filed a lawsuit last year arguing that being forced to put out the warning violated his right to free speech.

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Police arrested Sanderson after Halloween in 2022, saying that he put out a large Halloween display and handed out candy to kids.

Sanderson claimed that he was told by authorities in 2006 and 2012 the statute didn’t apply to him because his crime happened before the law was enacted in 2008, and he said that he never had a problem legally before 2022.

Sanderson pleaded guilty to one charge of failure to comply with the Halloween restrictions.

Missouri’s attorney general opposed the effort to overturn the provision, arguing that the law isn’t a violation of First Amendment rights because the state’s duty is to protect vulnerable kids.

Sanderson’s lawyer said there are already protections in the law for children, and she said that parents “should check” sex offender registries “themselves” and “take responsibility.”

Tags: Arrest, Crime, First Amendment, Free Speech, Halloween, Sex abuse, Sexual Assault

[KARAH RUCKER]

A JUDGE RULED PART OF A MISSOURI LAW REQUIRING SEX OFFENDERS TO POST WARNING SIGNS FOR TRICK OR TREATERS UNCONSTITUTIONAL.

UNDER MISSOURI LAW CONVICTED SEX OFFENDERS ARE MANDATED TO KEEP OUTSIDE LIGHTS OFF, STAY INSIDE AND PUT UP SIGNS SAYING THEY HAD “NO CANDY” TO HANDOUT AT THEIR HOMES ON HALLOWEEN NIGHT.

NOW, THE SIGN REQUIREMENT CAN NO LONGER BE ENFORCED BY LAW ENFORCEMENT THROUGHOUT THE STATE THIS HALLOWEEN.

THE JUDGE’S DECISION TO TOSS THE PROVISION CAME AFTER MISSOURI RESIDENT THOMAS SANDERSON, A REGISTERED SEX OFFENDER, FILED A LAWSUIT LAST YEAR ARGUING BEING FORCED TO PUT OUT THE WARNING VIOLATED HIS RIGHT TO FREE SPEECH.

POLICE ARRESTED SANDERSON AFTER HALLOWEEN IN 2022, SAYING HE PUT OUT A LARGE HALLOWEEN DISPLAY AND HANDED OUT CANDY TO KIDS.

SANDERSON CLAIMED HE WAS TOLD BY AUTHORITIES IN 2006 AND 2012 THE STATUTE DIDN’T APPLY TO HIM BECAUSE HIS CRIME HAPPENED BEFORE THE LAW WAS ENACTED IN 2008. SANDERSON SAID HE HELD HALLOWEEN FESTIVITIES EVERY YEAR SINCE 2008 AND NEVER HAD A PROBLEM LEGALLY BEFORE 2022.

SANDERSON PLEADED GUILTY TO ONE CHARGE OF FAILURE TO COMPLY WITH THE HALLOWEEN RESTRICTIONS.

MISSOURI’S ATTORNEY GENERAL OPPOSED THE EFFORT TO OVERTURN THE PROVISION. ARGUING THE LAW ISN’T A VIOLATION OF FIRST AMENDMENT RIGHTS BECAUSE THE STATE’S DUTY IS TO PROTECT VULNERABLE KIDS.

SANDERSON’S LAWYER SAID THERE ARE ALREADY PROTECTIONS IN THE LAW FOR CHILDREN.

SHE SAID PARENTS QUOTE “SHOULD CHECK” SEX OFFENDER REGISTRIES “THEMSELVES” AND “TAKE RESPONSIBILITY.”

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FOR STRAIGHT ARROW NEWS– I’M KARAH RUCKER.