MO- State law would restrict sex offenders on Halloween

See my earlier post, simply said, neither the legislature nor the police have any constitutional powers to place folks under "House Arrest" unless they have committed a crime and it is part of their sentence, or are on parole or probation. This reeks of unconstitutionality.

10-12-2008 Missouri:

Joplin area law enforcement is preparing to deal with a new state law restricting the Halloween night activities of sex offenders. The measure must still pass muster with a federal court in St. Louis.

The new law calls for anyone required to register as a sex offender in Missouri “to avoid all Halloween-related contact with children” and to remain inside their residence between the hours of 5 and 10:30 p.m. on Oct. 31 unless required to be elsewhere for “just cause.”

They also must post a sign outside their home stating: “No candy or treats at this residence,” and keep any outside residential lighting off for the night after 5 p.m.

There are 153 registered sex offenders in Jasper County and another 136 in Newton County. Substantial numbers have been convicted of sex offenses against children.

But critics say the law raises legal issues while presenting practical enforcement problems due to its vagueness.

The American Civil Liberties Union of Eastern Missouri filed a lawsuit Oct. 3 in federal court in St. Louis challenging the law on behalf of two Jane Doe and two John Doe registered sex offenders. The lawsuit alleges the statute violates their rights under both U.S. and state constitutions.

The plaintiffs include a grandmother with significant contact with grandchildren under the age of 18, a mother with sole custody of a 10-year-old daughter, a man who legally lives with step-children and a father with sole custody of his own two children, a step-child and a fourth child, all of whom are minors.


‘In a pickle’

Tony Rothert, director of the ACLU of Eastern Missouri, said those who composed the law do not seem to have taken into account that there are registered sex offenders who legally reside with their own or others’ children or have legal daily contact with children. He asked: Are such plaintiffs to interpret the ban on “Halloween-related contact with children” to include assisting their own children in getting into costumes or to passing out candy to step-children or grandchildren?

“They really are in a pickle in not knowing what they can or cannot do,” Rothert said.

He said even if they choose to play it safe and not participate in any Halloween activities with children in their own households by going to a friend or relative’s house or to a motel, they may run the risk of “violating” the provision requiring that they stay at home unless for “just cause,” which the law does not define beyond employment or medical emergency.

The lawsuit consequently alleges violations of the due-process clause of the 14th Amendment by inadequate notice and unreasonable interference with families. But, more broadly, it alleges violation of the ex post facto clause of the U.S. Constitution for all registered sex offenders. In other words, the lawsuit argues that the statute attempts to impose a punishment upon the plaintiffs for a crime that they committed prior to the statute’s enactment.

“Other states have rules like this that apply to people on probation or parole,” Rothert said. “What’s unique about Missouri is they are requiring people who have completed their time and are off parole to be confined to their homes.”

Joplin defense attorney William Fleischaker said he believes the law also infringes on First Amendment rights to assembly and freedom of movement as well.

“The problem is this: It’s taking someone’s freedom away based on a status and not as part of a punishment,” he said.

Fleischaker anticipates enforcement problems for local agencies. He said police usually have enough to be doing on Halloween with its attendant increases in vandalism and traffic-safety problems posed by large numbers of children out at night on the streets and sidewalks.

Police plans

Joplin police Chief Lane Roberts and Jasper County Sheriff Archie Dunn are planning announcements this coming week on how their agencies will approach enforcement of the law.

“If the law exists and is in effect on Halloween, then we are charged with enforcing it,” Roberts said. “And we will do it to the extent that we can do so practically. I’m not going to ignore the law.”

The Police Department will be issuing a news release this week and a public-service announcement before Halloween regarding sex offenders and the law, Roberts said. Included in the information will be directions on how parents can access online the list of registered sex offenders living within city limits.

“Then we will recommend to parents that they check and avoid homes that are on that list,” he said.

He said that on Halloween night officers will be given copies of the law and the registration list for Joplin. Roberts said there are 92 registered sex offenders living within city limits. He said officers will not be enforcing the law by issuing warnings. He said violations will be treated as violations.

But the nature of the law does pose problems for the Police Department in identifying violators, Roberts said.

“And, obviously, on Halloween we’ll be pretty busy anyway,” he said. “So going to 92 different residences and determining if there’s a sign out and lights (off) and that kind of thing might be problematic.”

He said some spot checking of residences and responding to complaints of violations constitute the more likely approach to be taken. ..News Source.. by Jeff Lehr