MO- Judge calls Halloween law unclear

See earlier story here:

10-27-2008 Missouri:

But apparently will limit injunction to four defendants

A federal judge said she will grant the ACLU a preliminary injunction against enforcement of a law that prohibits registered sex offenders from having Halloween-related contact with children — but the civil rights group isn’t likely to get everything it wanted.

Chief Judge Carol E. Jackson, of the U.S. District Court in St. Louis, said some of the provisions of the law are unclear and don’t provide sufficient notice about what conduct is included in the phrase “Halloween-related conduct.”

The provision of the law calling for registered sex offenders to stay inside their homes unless they have just cause to be elsewhere is also unclear, Jackson said, because “just cause” is not sufficiently defined.

Jackson indicated a willingness to enjoin only those two provisions of the law from being enforced on Friday. She said there is no question about what it means to turn off the exterior lights and to post a sign stating that no candy will be given out at this home.

The judge also seemed willing to narrow the preliminary injunction order so that it prevents law enforcement from applying the law against only the four plaintiffs who filed the case. American Civil Liberties Union legal director Anthony Rothert had asked the court to apply the injunction to prohibit the defendants from enforcing the law in the four counties where the plaintiffs lived.

Jackson said she will issue a written order later this afternoon. ..News Source.. by Donna Walter



Judge weighs injunction in Halloween lawsuit

A federal judge on Monday raised serious concerns about a new state law that restricts the behavior of convicted sex offenders on Halloween night, saying it lacked clarity and could cause confusion both for sex offenders and those charged with enforcing the law.

U.S. District Judge Carol Jackson heard arguments in a case brought by four sex offenders. She granted an injunction against enforcing some provisions of the law for the four plaintiffs, but was still deciding whether to apply the injunction statewide.

The law approved by the Legislature in May and signed by Gov. Matt Blunt in June requires that sex offenders avoid all Halloween-related contact with children from 5 p.m. to 10:30 p.m. on Oct. 31. It requires them to remain inside their homes with the outside lights off, and post a sign saying that they have no candy. A violation is a misdemeanor with a potential punishment of up to a year in jail.

Chris Quinn, representing Attorney General Jay Nixon and Blunt, said the law is aimed at protecting children on a night when many of them visit the homes of strangers, sometimes without their parents alongside.

"Sex offenders pose a risk of reoffending that's higher than anyone else," Quinn said during the four-hour hearing.

Jackson found no fault with the provision requiring sex offenders to keep their outdoor lights off. She also agreed there was no lack of clarity in the requirement for a sign that reads, "No candy or treats at this residence."

But other aspects were too broad, she said. For example, can a sex offender have contact with his or her own children on Halloween? Passing out candy is clearly prohibited, but what else constitutes "Halloween-related activity?" What if the sex offender planned to be out of town on Halloween - technically, he or she would not be inside the home as the law requires.

The law also allows sex offenders to leave home on Halloween night if there is "just cause" such as work or an emergency, but Jackson criticized the measure for failing to more clearly spell out what "just cause" is.

The vagueness of the law would cause confusion not only for the sex offender, but for police and prosecutors, Jackson said. She cited a letter sent out by the Cape Girardeau County Sheriff's Department to registered sex offenders in that southeast Missouri county. She said that letter referred to the "Halloween season," potentially meaning police might try to enforce the law on days other than Oct. 31. That's clearly not the intent of the law, she said, but an example of what can happen when law enforcers are left to their own interpretation.

The injunction hearing stemmed from a lawsuit brought by the American Civil Liberties Union of Eastern Missouri. Attorney Dave Nelson called the requirements of the law a "scarlet letter" for sex offenders. He said the law also results in additional punishment by requiring what amounts to "house arrest" one day each year. ..News Source.. by JIM SALTER