ALCU Challenges Sex Offender Halloween Law
A lawsuit has recently been filed against authorities in Missouri. The lawsuit was filed by the American Civil Liberties Union on behalf of several registered sex offenders. It seeks relief over certain restrictions that a new state law places on the Halloween activities of convicted sex offenders.
The Southeast Missourian reported that the lawsuit challenges a state statute that took effect in June. The statute requires all sex offenders to avoid "Halloween-related contact" with children, remain inside their residences between 5 and 10:30 p.m. on October 31, and post a sign outside their homes stating "no candy or treats at this residence."
The four plaintiffs involved in the lawsuit, which includes one woman, all either have custody of their children or have regular contact with relatives that are children.
Anthony Rothert, a lawyer handling the case for the ACLU, says that there are two reasons that the lawsuit is being pursued.
First of all, Rothert says that the statute violates ex post facto clauses found in both the United States Constitution and the Missouri Constitution. These clauses prevent punishment for crimes committed before a law is enacted. In other words, new laws to punish criminal activity cannot be used retroactively.
Rothert says that by confining registered sex offenders to their home on October 31, the law is subjecting them to punishment similar to house arrest and this is unconstitutional.
The second problem that the ACLU has with the law is the "vague and unclear" wording of the statute.
The statute describes prohibited activities simply as "Halloween-related" and fails to provide a description or definition of what constitutes a "Halloween-related" activity. This allows for an overly broad interpretation of the law and makes it impossible for registered sex offenders to know what they can and cannot do on Halloween to celebrate with their own children.
For instance, Rothert says that anything from hosting a party on October 31 to helping a child put on a Halloween costume could be construed as a violation of the law as it is written.
Missouri Governor Matt Blunt, Attorney General Jay Nixon and several police chiefs and prosecutors in the jurisdictions where the plaintiffs reside are named in the lawsuit.
A spokesperson for the governor's office said that it is not surprising that convicted sex offenders have filed a lawsuit against the governor for making it more difficult for sexual predators to harm children. Governor Blunt has supported legislation to crack down on sexual predators.
The lawsuit does not seek any monetary damages, only injunctive relief. Rothert and the plaintiffs in the case hope that the court will prevent the challenged portions of the new law from being enforced on Halloween.
