Judge Blocks Rules Limiting Sex Offenders on Halloween By CATRIN EINHORN
Published: October 27, 2008
A federal judge in Missouri on Monday temporarily blocked parts of a new state law that requires sexual offenders to remain in their homes on Halloween evening and to avoid any contact with children related to the holiday.
The judge, Carol E. Jackson, of United States District Court in St. Louis, said the law was unclear, questioning language that prohibits “all Halloween-related contact with children” and allows sexual offenders to leave their homes from 5 p.m. to 10:30 p.m. only if they have “just cause.”
Two issues raised by the case were whether sexual offenders could celebrate the holiday with their own children or grandchildren, for example by hanging decorations or carving pumpkins, and on what grounds they could leave home during the curfew.
The attorney general’s office said it would appeal the order, but declined to comment further.
Chief Judge Jackson allowed two provisions in the law to stand, requiring sexual offenders to post a sign stating “no candy or treats at this residence” and to turn off any porch lights.Illinois and Louisiana have also passed state laws restricting sexual offenders’ activities on Halloween, and some other states have similar agency regulations or municipal ordinances.
Missouri’s law was enacted as part of broader legislation cracking down on sexual offenders.
“We’re counting it as a victory that kids going trick-or-treating will be a degree safer,” said State Senator John Loudon, a Republican who sponsored the legislation, speaking of Monday’s ruling. “And then we’ll have to go back to the drawing board depending on court action.”
The ruling came after four anonymous convicted sexual offenders sued this month, represented by the American Civil Liberties Union of Eastern Missouri. They say the law is not only vague but also unfair and unconstitutional, an argument their lawyer vowed to keep pushing. “Once people have completed their sentences,” said the lawyer, Anthony E. Rothert, “you can’t go back and punish them for the same crime.”
Detective Gary Coxen of the St. Louis County Police Department had planned to knock on doors to ensure the sexual offenders were home, but he worried they would ignore him, mistaking him for children trick-or-treating. After the ruling, he said his job would be easier; he would simply go to each house to ensure that a sign was posted and the porch lights were off. “It takes the guesswork out,” he said.
http://www.nytimes.com/2008/10/28/us/28halloween.html
