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.
See also the confusion the media is causing between this Missouri lawsuit and the parole / probation restrictions in Maryland.
10-16-2008 Missouri:
The American Civil Liberties Union has filed a lawsuit against Missouri authorities seeking relief on behalf of several registered sex offenders over certain restrictions new state law registration places on their Halloween activities.
The lawsuit challenges a statute that became effective in June requiring registered sex offenders to avoid all "Halloween-related contact" with children, stay inside their residence between 5 and 10:30 p.m. Oct. 31 and post a sign outside stating "no candy or treats at this residence."
All four of the plaintiffs in the suit, which includes one woman who lives in Cape Girardeau, have either custody of their children or regular contact with child relatives.
The reasoning behind the suit is twofold, said Anthony Rothert, an attorney handling the case for the ACLU.
First, Rothert argues that the law violates ex post facto clauses in both U.S. and Missouri constitutions preventing punishment for crimes committed before the law was enacted.
"We believe confining someone to their house is a punishment like house arrest," Rothert said.
The second complaint the ACLU has involves the "vague and unclear" wording of the statute, he said.
Describing activities as "Halloween-related" doesn't offer any definition of what those would be and allows for a broad interpretations, making it impossible for his clients to know what they are and aren't allowed to do with their children as far as celebrating Halloween.
It could be anything from putting a child in a Halloween costume to hosting a Halloween party, Rothert said.
The lawsuit names Gov. Matt Blunt, Attorney General Jay Nixon and several police chiefs and prosecutors form the jurisdictions where the plaintiffs live.
Because one of the plaintiffs is a Cape Girardeau resident, listed as "Jane Doe II," in the suit, Cape Girardeau County Prosecuting Attorney Morley Swingle and Cape Girardeau police chief Carl Kinnison were named in the suit, as the officials responsible for enforcing the law in that jurisdiction.
The offense occurred in St. Charles County, but the offender is now a resident of Cape Girardeau, Swingle said.
"We're really not surprised that sex offenders are now suing the governor for making it more difficult for sexual predators to hurt Missouri children," said Jessica Robinson, spokeswoman for Blunt's office, cited Blunt's support of legislation to crack down on sexual predators.
-When someone has no defense they resort to absurd and ridculous comments such as these, sad for someone in public service and makes one wonder about other decisions they make.
Because the lawsuit seeks injunctive relief, not monetary damages, the desired result would be the court preventing the challenged portions of the new law from being enforced, Rothert said. ..News Source.. by Bridget DiCosmo, Southeast Missourian
October 16, 2008
MO- 4 Missouri sex offenders seek right to hand out candy, overturn new law banning Halloween-related activities
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4 comments:
So which is it? Sex offenders or sexual predators Ms. Spokesperson? Or don't you realize their is a difference? If someone is really THAT dangerous they usually end up in civil commitment, but I'm sure she probably doesn;t know anything about that either. Sherlock Holmes she's not!
Unfortunately the Predator label is handed out Like Candy!
My family member was told at the 11th hour to take the plea with the Predator label,... our attorney told us the Pred label was no different than the plain ole SO label.
The Missouri AGs office has a list of recent predator civil commitments. Six in the last two months: http://ago.mo.gov/Law-Enforcement.htm
Bottom of page, right side under "More Headlines".
My husband is an 'ex'-offender, due to be off of the registry in 2010 (barring the enactment of the AWA). We are both Wiccan and celebrate 'Halloween' as a religious rite.
Halloween is the holiday we call Samhain, and is the most important celebration in our yearly cycle. It is an ancient pagan holiday that is the rembrance of the dead and the last day of our ritual year. It is extremely important to us.
We have NOT been put under any restrictions for 'Halloween'activities yet, but should that EVER happen we will be first in line to file a lawsuit because of violation of OUR RELIGIOUS celebration! It is important that we be able to freely practice our rituals, and enjoy our Fall feast, and travel to be with others in our group in order to do that. We are not the only RSOs (and families) that are Wiccan or that celebrate 'Halloween' as a religious holiday; there is actually a large (but silent) community of us in Iowa.
The day the 'government' starts to step on our rights of religious practice by banning us from enjoying a holiday that ORIGINATED in our tradition, then we will look at getting celebrations banned such as Christmas Eve church services, dinners, family gatherings, or other religion's holy day practices.
That probably would not go over well. Maybe just the suggestion of expanding the ban to other religious holidays would get some politicians to consider their actions and use their heads. But, sadly, as we know from experience, they only consider the 'mainstream' to be deserving of any consideration. Too bad we don't have a Constitution to protect the rights of ALL people regardless of their former incarceration, their religion, their beliefs, etc.... OH WAIT! We DO! Someone should tell the 'lawmakers' to slow down and think before they lose THEIR rights and privledges too!
Wolfwyfe
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