MO- Halloween Sex Offender Law Enforceable

This news report that makes one wonder what the 8th Circuit Order actually says, and is it open to interpretation. Since the order is not available to the public just yet, could the Missouri Attorney General have interpreted it to support his position, making no mention of another possible interpretation? After all, if he makes a mistake the state still wins, this year and can legislatively make changes before next year. The article below opens whether the 8th Circuit wanted the "Status Quo" maintained so it could decide on the merits. Such an interpretation would not overrule the lower court's decision, and grant a automatic win in the favor of the state, as the Attorney General claims. The order actually says?

10-30-2008 Missouri:

ST. LOUIS -- A Missouri law aimed at keeping children away from sex offenders on Halloween night can be enforced in its entirety after a federal appeals court order Thursday, Attorney General Jay Nixon said.

The order means that the state's registered sex offenders do need to remain inside their homes from 5 to 10:30 p.m. Friday night unless they have "just cause" to leave, such as for work or a medical emergency. They must keep their outside lights off and post a sign saying they aren't distributing candy. They may not have any Halloween-related contact with children.

A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday stayed, or put on hold, a lower court's ruling until it can consider the state's appeal and rule on the merits -- sometime before next Halloween.

U.S. District Judge Carol Jackson earlier this week ruled that two of four provisions in the law could not be enforced this Halloween.

The stay had been sought by Republican Gov. Matt Blunt and Nixon, a Democrat.

"This stay comes not a moment too soon, as hundreds of thousands of Missouri children prepare to go trick-or-treating Friday night," Nixon said in a statement. He said his office will continue efforts to uphold the law and is advising the state's law enforcement agencies of the order.

There have been different opinions this week about how the law should be applied.

The Missouri State Highway Patrol said Wednesday it believed the law only applied to sex offenders convicted after Aug. 28, when the law took effect, saying the law could not be applied retroactively.

But on Thursday, the Patrol's Lt. John Hotz said that because the Attorney General's office has said the law is enforceable, the Patrol will report any violations to local prosecutors, even if the offender was convicted prior to Aug. 28, and let prosecutors determine if charges should be pursued.

The American Civil Liberties Union of Eastern Missouri said it will continue legal action on behalf of four unnamed sex offenders to have the law taken off the books.

The ACLU has argued that the law is unclear, and left offenders unsure about what they can and cannot do on Halloween.

"I think police officers will act reasonably, and understand there's confusion," the ACLU's Tony Rothert said.

The Missouri Department of Corrections has said that convicted sex offenders on probation and parole have been instructed about any Halloween restrictions that they must follow, regardless of the legal dispute. That's permissible because those offenders are still under state supervision. ..News Source.. by KCTV5