TRO Issued in Missouri
As part of Missouri law, under a state statute first enacted in 2008, registered sex offenders cannot go outside to interact with children, cannot have outside lights on, and are required to post a sign stating no candy or treats are available at the home on Halloween night.
Sanderson Vs. Mo. lawsuit specifically tackles the provision about the sign.
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Overview
Case Background
In 2022, Police arrested Thomas Sanderson just days after Halloween because he had set up a large Halloween display and handed out candy to children in violation of Missouri Law. Sanderson is a level 2 sex offender and was listed on the Missouri State Highway Patrol’s sex offender registry.
Sanderson pleaded guilty to one charge of “failure to comply with Halloween-related restrictions for sex offenders” in early 2023 and was sentenced to a 12-month probation term. Sanders is suing because he had previously been told by Law Enforcement that the statute did not apply to him because his offending conviction came prior to the regulation being enacted in 2008. Sanderson’s attorney had pushed for a temporary restraining order (TRO) that, in the short term, would not require registrants to post signs at their homes on Halloween which was granted.
It should be noted that there was a previous ruling out of the 11th circuit court (McClendon V. Long) that the appellate court ruled that the state of Georgia could not require registrants to post Halloween signs on their home because the signs were compelled speech and therefore violated the First Amendment.
It should be noted that there was a previous ruling out of the 11th circuit court (McClendon V. Long) that the appellate court ruled that the state of Georgia could not require registrants to post Halloween signs on their home because the signs were compelled speech and therefore violated the First Amendment.
What Law was being Challenged
This lawsuit specifically addresses Missouri code 589.426 and is specifically arguing against the mandating of posting on sign on the offenders property indicating there is no candy or treats at the residence. The full provision is below.
589.426. Halloween, restrictions on conduct — violations, penalty. — 1. Any person required to register as a sexual offender under sections 589.400 to 589.425 shall be required on October thirty-first of each year to:
589.426. Halloween, restrictions on conduct — violations, penalty. — 1. Any person required to register as a sexual offender under sections 589.400 to 589.425 shall be required on October thirty-first of each year to:
(1) Avoid all Halloween-related contact with children;
(2) Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies;
(3) Post a sign at his or her residence stating, "No candy or treats at this residence"; and
(4) Leave all outside residential lighting off during the evening hours after 5 p.m.
2. Any person required to register as a sexual offender under sections 589.400 to 589.425 who violates the provisions of subsection 1 of this section shall be guilty of a class A misdemeanor.
What does the TRO mean
The Temporary Restraining Order (TRO) was initially issued on Oct. 27, 2023 and then re-affirmed by the 8th Circuit Court of Appeals few days later on October 30, 2023.
How will this affect me?
Over the last couple years that I have been training agencies on sex offender supervision, I often get told that their city or county has specific city ordinances banning sex offenders from passing out candy or putting decorations on their residences. In my humble opinion I would not be actively looking to enforce these ordinances at this juncture until we see how this case plays out. It appears that the courts may rule in favor of Sanderson on this case based on the previous rulings out of Georgia, but we will have to wait and see what happens in March 2024.