October 9, 2008

Halloween, Safety, Candy and Articles Related to Registered Sex Offenders Rules at Halloween

Complaint filed in Missouri federal court over Halloween restrictions within the family unit where the parents are registered sex offenders. The lawsuit ONLY covers those four families. This is not a class action lawsuit. The Missouri Halloween restrictions flowed from Senate Bill 714 of 2008.

October 2008:

We all know that lawmakers and other public safety personnel get into a "High Gear" at this time of year. While safety is the prime issue, so is, not becoming hysterical because someone claims to see dragons behind every tree, and in homes that may be dark.

Public safety folks want the world to believe that every home that appears on a sex offender registry is a danger to go near. The truth is contrary to the belief, parents should consider this:

PARENTS: How many parents would be considered a "sex offender" TODAY if they had been convicted of their youthful sexual escapades. Sexual escapades YESTERDAY being sexual crimes TODAY. Do I hear some saying, thankfully no one knows of the YESTERDAYS, TODAY. Wherever that is applicable, are they part of the 100,000 claimed to be missing from registries TODAY? Food for thought, they are handing out candy to children TODAY and their homes will not likely be darkened.

With that said, below are relevant articles pertaining to halloween and rules being applied to registered sex offenders for one day of the year; most of these are your neighbors 364 days of the year, your knowledge of them for those days of the year should be your guide. So stop back often to see what we have found:



Missouri:
New Law Targets Sex Offenders on Halloween


A new Missouri law could keep sex offenders inside a dark home this Halloween and also give parents a clear sign where they are.

The new law has four main parts-- it requires registered sex offenders to avoid all Halloween-related contact with children, to remain at home that night, and turn off their outside lights. Sex offenders also have to put up a sign that says no candy or treats at this residence.

The American Civil Liberties Union is challenging the new law. The group says the law is too vague and too harsh, but Greene County deputies say they are here to enforce the law.

Police and deputies will be out looking for all four requirements this year. If caught violating the new law, a registered sex offender could spend up to a year in jail. ..News Source w/Video.. by Michelle Sherwood



South Carolina:
Sex offenders locked down, in the dark for Halloween

Scores of sex offenders in Anderson, South Carolina, will be corralled for Halloween tonight in a move authorities say is needed to keep kids safe as they trick or treat.

"At 5 p.m., we are going to require all of our probation/parole/pardon sex offenders to report to the office and they'll remain here from 5 to 10:30 p.m," agent Gerald Black, with the South Carolina Department of Probation, Parole and Pardon, told CNN affiliate WYFF.

Authorities in Roanoke, Virginia, will do the same. "You have a safer public. We have all the offenders in this area that are on probation or parole in one location. We know where they are," Randy Phillips with the Department of Corrections told CNN affiliate WSLS.

While there's a debate about the need for restrictions and authorities aren't imposing such stringent restrictions everywhere, special limits on sex offenders for the evening are widespread.

"Our agents will be out in force, checking on sex offenders, to ensure that they stay behind locked doors, in dark houses, with absolutely no contact with 'trick-or-treaters' on Halloween night," said Tom Hoffman, California Department of Correction and Rehabilitation director of parole.

Paroled offenders in California have a 5 p.m. to 5 a.m. curfew, cannot leave any outside lights on and may not answer their doors except for law enforcement. Illinois offenders face similar restrictions, including a ban on dressing in a costume.

Sheriff's deputies in Harris County, Texas, have been checking homes of sex offenders for Halloween decorations and are ready to arrest violators.

"We actually have probation officers riding with us," Precinct 7 Deputy Johnathon Davis told CNN affiliate KPRC. "They're going to issue them a citation or their probation is going to be revoked."

About 2,000 registered sex offenders in Maryland will be required to post "No Candy" signs on their doors on Halloween night.

Michigan and Wisconsin are among states urging parents to check the state's public sex offender registry before venturing out in search of treats.

"For many parents, Halloween represents a time when our children fan out into neighborhoods that may not be familiar," Michigan Attorney General Mike Cox told CNN affiliate WDIV. "Doing a timely check of the sex offender registry can help parents be informed about potential risks in the community and take appropriate measures to safeguard their children."

Authorities in Milwaukee County, Wisconsin, took preventative measures Sunday, arresting 11 sex offenders on probation and parole violations during a sweep of 100 homes, CNN affiliate WISN reported.

One of the Milwaukee offenders was arrested after police found a candy dish and children's toys, both prohibited items, in his apartment.

But some say the sex offender roundups and restrictions are more show than safety.

"There has not been a single case of any child being molested by a convicted sex offender while trick-or-treating," writes columnist Benjamin Radford on LiveScience.com.

Rebecca Brunger, an Alaska probation officer, told the Anchorage Daily News her state doesn't put any extra restrictions on sex offenders on Halloween as there's never been a case there of a trick-or-treater being molested by a registered offender.

Idaho defense attorney Tim Gresback told the Spokesman-Review, in Spokane, Washington, that extra Halloween restrictions on sex offenders are unnecessary.

"Here we're creating a new police action squad to go out and address a problem that has never manifested itself in the community," Gresback told the newspaper. He said in 20 years he'd never run across a case of a sex offender attacking a child on Halloween.

But states and communities don't want to take any chances.

New York offenders face a 3 p.m. to 6 a.m. curfew coupled with phone calls and visits from probation officers.

"Our Halloween operation gives parents, caregivers, law enforcement and the community added assurance that children will be protected and neighborhoods will be safe from known predators," said George B. Alexander, chairman of the New York state Division of Parole. ..News Source.. by CNN




Wisconsin:
Sex offenders sue over Halloween restrictions....

10-10-2008 Wisconsin:

ST. LOUIS (AP) - Four sex offenders in Missouri are suing over a new state law that places Halloween night restrictions on them.

The law requires that sex offenders avoid all Halloween-related contact with children, remain inside their homes and post a sign saying they have no candy to keep trick-or-treaters away.

The St. Louis Post-Dispatch reported Wednesday that the ACLU of Eastern Missouri filed suit on the offenders' behalf in federal court on Friday. The suit claims the provisions are too vague to enforce and improperly add punishment to sentences already served. The plaintiffs' names are not used in the suit.

The Halloween provisions, part of a broader bill signed into law this summer, say convicted sex offenders must avoid all Halloween-related contact with children by staying inside their homes from 5 p.m. to 10:30 p.m. “unless there is just cause to leave,” like a need to go to a job or an emergency.

They also must keep their outside residential lights turned off on Halloween night, and post a sign that says “no candy or treats at this residence.” A violation is a misdemeanor, punishable by up to one year in jail.

The ACLU legal director, Tony Rothert, said offenders don't know if they're able to dress their own children or grandchildren in their Halloween costumes, wondering if that could be considered Halloween-related contact.

Another concern is that when sex offenders post signs about not having candy, they could become targets themselves. “There's already pranks on Halloween,” Rothert said. “If someone wants to harass you and cause you problems that night, you can't even turn your lights on.”

The Halloween provisions were inserted at the request of Sen. Brad Lager, R-Maryville, in a bill tightening restrictions on sex offenders. Lager said Tuesday that a constituent suggested it.

Sen. John Loudon, R-Chesterfield, sponsored the bill, and said following the law is simple. “If they have children or grandchildren, then the one spouse takes them out, or you go to a party, or you go to something neutral. But we don't want predators opening their homes on Halloween.”

-So what Loudon is saying is, that RSO parents CANNOT celebrate halloween in their own homes. It is amazing that these public servants are oblivious to the real issues because they are blinded by biases and prejudices. That statement alone tells me they didn't even consider RSO Parents when enacting this bill. His statement says, the family must leave the home.

He said Missouri previously hadn't had a law preventing a “brazen predator” from handing out candy to children on Halloween.

“I think life goes on without Halloween in your own home,” he said. “There are lots of other opportunities for people. I think it's kind of silly that people are raising the constitutional right of people to hand out candy on Halloween.”

-Yes there is a constitutional DUTY to when it is your own children, obviously the complaint has not been read.

A spokesman for Attorney General Jay Nixon vowed to defend the law. Gov. Matt Blunt's spokeswoman, Jessica Robinson, said, “We're not surprised that they're now suing the governor to make it easier to victimize children.”

-This is an absolute misconstruction of the intent of the plaintiffs, obviously made because the state has no defense in this case. Four RSO parents are being told they cannot take care of their own children by this law, that is what this case is about.

..News Source.. by NewsTribune




Plan To Avoid Sex Offenders On Halloween

States Advise Checking Sex Offender Registry

Halloween is here, and with it are warnings to parents to check their state's sex offender registry when planning trick-or-treat routes for Halloween.

In Wisconsin, sex offenders under supervision are prohibited from taking part in any Halloween activities, Madison television station WISC reported.

They aren't allowed to have porch lights on or to hand out candy. They must also stay indoors during trick-or-treat hours and can't leave the house unless they have agent approval to go to work.

However, those rules only apply to those still reporting to a probation or parole agent."

For those individuals, we recommend parents log on to our Web site, look up sex offenders that are in their area and just be aware as they're planning trick-or-treat routes for their children," said John Dipko, public information director at the Department of Corrections.

Officials said the Wisconsin Sex Offender Registry Web site also has links to helpful information and safety brochures.

Authorities recommended that parents discuss protective behaviors with children, supervise children while they go door to door and make sure children know what to do in case of emergency or if they feel uncomfortable.

Michigan Attorney General Mike Cox is encouraging all parents to use the Michigan Public Sex Offender Registry before taking their children trick-or-treating, Detroit television WDIV reported.

"For many parents, Halloween represents a time when our children fan out into neighborhoods that may not be familiar," said Cox. "Doing a timely check of the sex offender registry can help parents be informed about potential risks in the community and take appropriate measures to safeguard their children.

"The registry also offers e-mail notification. The e-mail notification process allows users to sign up to six different ZIP codes and receive automatic e-mail notice when a sex offender moves into any of those ZIP codes.National searches can also be conducted on the Dru Sjodin National Sex Offender Public Registry.

Keep Close Eye On Kids

Houston deputies warn parents that Halloween can be a dangerous time if they don't keep a close eye on their children, Houston television station KPRC reported.

"You never know whose house they come out to, and if this person hasdecorations, of course they're going to go because that's inviting (them) to come," mother Debra Roberson said.

That's why Harris County Precinct 6 and Precinct 7 deputies will be out doing more patrols on Halloween. They'll pay extra attention to registered sex offenders who are on probation or on parole. Deputies want to make sure none of them have decorations that could lure children to their doors."We're not trying to take away the sex offender's rights, but we areletting them know that we're not going to give them an advantage," Precinct 7 Deputy Jonathan Davis said.

Deputies have forewarned supervised sex offenders not to decorate theirhomes or participate in Halloween activities. But as part of a zerotolerance policy, deputies will make the rounds with a little helpriding along in the squad car.

"We actually have probation officers riding with us," Davis said."They're going to issue them a citation or their probation is going tobe revoked."Still, this initiative focuses on supervised offenders. There are manyunsupervised sex offenders who do not have to follow the same rules.

That's why Precinct 7 Constable May Walker said it's important thatparents play an active role.

"It's going to be the responsibility of the parents to make sure thatthey watch their kids closely," Walker said. "We really need to payattention when we put our kids out at night."

"It's a dangerous thing out there now. It really is," Roberson added.

Sixteen deputies will carry out the patrols. Supervised offenders havebeen told to turn off their porch lights. Deputies urge parents to besafe and avoid knocking if the lights are out.

Sting Nets 11 Arrests

During a visit to nearly 100 homes, Milwaukee County sheriff's deputies said they arrested 11 sex offenders for violating their probation and parole during a sweep, dubbed "Operation Trick-Or-Treat," Sunday.

Milwaukee television station WISN reported that the project is aimed at making sure the most dangerous sex offenders aren't targeting children.

"If one kid makes it out of this without getting attacked, that's more than enough," Deputy Stephen Mills said.

For the most part, deputies found that most of the offenders are following the rules, but random searches do turn up some problems.

At one offender's southside apartment, deputies said they found a candy dish and children's toys, prohibited items, following a 2004 conviction for second-degree sexual assault of a child. Following an argument with police, deputies said they had to stun the man with a Taser to get him under control. He was taken into custody on charges of resisting arrest and on a probation violation.Sex offenders are reminded of the Halloween rules prior to the holiday, and in some cases, they have to sign contracts with authorites. The checks, Mills said, are random.

Safety Tips

Children should:

Go only to well-lit houses and remain on porches rather than entering houses.

Travel in small groups and be accompanied by an adult.

Know their phone number and carry coins for emergency telephone calls.

Have their names and addresses attached to their costumes.

Bring treats home before eating them so parents can inspect them.

Use costume knives and swords that are flexible, not rigid or sharp.

Wear costumes that are made of flame-resistant material, such as nylon or polyester.

Wear masks, hats and scarves that don't obstruct vision or ventilation. When walking in neighborhoods, they should:

Use flashlights, stay on sidewalks, and avoid crossing yards.

Cross streets at the corner, use crosswalks (where they exist), and do not cross between parked cars.

Stop at all corners and stay together in a group before crossing.

Wear clothing that is bright, reflective, and flame retardant.

Consider using face paint instead of masks. (Masks can obstruct a child's vision.)

Avoid wearing hats that will slide over their eyes.

Avoid wearing long, baggy, or loose costumes or oversized shoes (to prevent tripping).

Be reminded to look left, right, and left again before crossing the street.

Parents and adults should:

Supervise the outing for children under age 12.

Establish a curfew (a return time) for older children.

Prepare homes for trick-or-treaters by clearing porches, lawns, and sidewalks and by placing jack-o'-lanterns away from doorways and landings.

Make sure children under age 10 are supervised as they cross the street.

Drive slowly.

Watch for children in the street and on medians.

Exit driveways and alleyways carefully.

Have children get out of cars on the curb side, not on the traffic side.

Have any decoration lights checked for safety, and don't overload extension cords.

..News Source.. by WHIOTV.com

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