Posted on Oct 27, 2023
Missouri law restricts sex offenders on Halloween. Now a Hazelwood man is suing
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Sex offenders in Missouri must post a sign on Halloween that says “no candy or treats at this residence.”
A new lawsuit is challenging a Missouri law that bars those on the state’s sex offender registry from participating in Halloween activities involving children.
The law, which took effect in 2008, also requires offenders to turn off exterior lighting on their homes and post a sign that says “no candy or treats at this residence” after 5 p.m. on Halloween.
Attorney Connie McFarland-Butler observed that the success of the lawsuit may pivot on more than just the question of a sex offender’s right to free expression.
She noted that the Hazelwood man who filed the legal challenge, Thomas Sanderson, 58, consulted with his local police department before staging a lavish Halloween display outside his home. Sanderson was convicted in 2006 of statutory sodomy involving a 16-year-old girl. Last year, Hazelwood police arrested him after receiving reports that he had decorated his home and was handing out candy to kids.
“Although I'm not sympathetic to what he was previously convicted of, he did reach out and seek out advice," McFarland-Butler said. “He was misled.”
That might not sway a judge when it comes to overturning the law.
A new lawsuit is challenging a Missouri law that bars those on the state’s sex offender registry from participating in Halloween activities involving children.
The law, which took effect in 2008, also requires offenders to turn off exterior lighting on their homes and post a sign that says “no candy or treats at this residence” after 5 p.m. on Halloween.
Attorney Connie McFarland-Butler observed that the success of the lawsuit may pivot on more than just the question of a sex offender’s right to free expression.
She noted that the Hazelwood man who filed the legal challenge, Thomas Sanderson, 58, consulted with his local police department before staging a lavish Halloween display outside his home. Sanderson was convicted in 2006 of statutory sodomy involving a 16-year-old girl. Last year, Hazelwood police arrested him after receiving reports that he had decorated his home and was handing out candy to kids.
“Although I'm not sympathetic to what he was previously convicted of, he did reach out and seek out advice," McFarland-Butler said. “He was misled.”
That might not sway a judge when it comes to overturning the law.
Missouri law restricts sex offenders on Halloween. Now a Hazelwood man is suing
Posted from kcur.org
Sexual Assault
Law
Halloween
Posted 7 mo ago
Responses: 3
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PO1 William "Chip" Nagel
..."She noted that the Hazelwood man who filed the legal challenge, Thomas Sanderson, 58, consulted with his local police department before staging a lavish Halloween display outside his home. Sanderson was convicted in 2006 of statutory sodomy involving a 16-year-old girl. Last year, Hazelwood police arrested him after receiving reports that he had decorated his home and was handing out candy to kids.
“Although I'm not sympathetic to what he was previously convicted of, he did reach out and seek out advice," McFarland-Butler said. “He was misled.”
That might not sway a judge when it comes to overturning the law.
“They don't want a case in which the sign comes down, and it turns out that the sex offender is actually setting the whole thing up to offend again and does so,” cautioned attorney Bevis Schock. “I think [a court] could easily make him put that sign up, because they're going to say, ‘The harm is so great. And it's directly related to the problem: kids coming over.’”
But from a constitutional standpoint, there is no question for attorney Sarah Swatosh: The law clearly steps on the First Amendment rights of those on the sex offender registry."...
..."She noted that the Hazelwood man who filed the legal challenge, Thomas Sanderson, 58, consulted with his local police department before staging a lavish Halloween display outside his home. Sanderson was convicted in 2006 of statutory sodomy involving a 16-year-old girl. Last year, Hazelwood police arrested him after receiving reports that he had decorated his home and was handing out candy to kids.
“Although I'm not sympathetic to what he was previously convicted of, he did reach out and seek out advice," McFarland-Butler said. “He was misled.”
That might not sway a judge when it comes to overturning the law.
“They don't want a case in which the sign comes down, and it turns out that the sex offender is actually setting the whole thing up to offend again and does so,” cautioned attorney Bevis Schock. “I think [a court] could easily make him put that sign up, because they're going to say, ‘The harm is so great. And it's directly related to the problem: kids coming over.’”
But from a constitutional standpoint, there is no question for attorney Sarah Swatosh: The law clearly steps on the First Amendment rights of those on the sex offender registry."...
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Sounds like a great law. In PA, convicted molesters WERE barred from using computers, so when a pervert brought his to my computer store, my tech knew he was a convicted perv. We called the detective we normally worked with and he advised us the law was rescinded due to a lawsuit. Damn!
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