Missouri Federal Court Strikes Down Halloween Sign Mandate for Sex Offenders as Unconstitutional

ST. LOUIS, Missouri — In a significant ruling, a federal judge has declared that Missouri sex offenders are no longer required to display “no candy” warning signs outside their homes during Halloween. This decision challenges part of a state law enacted in 2008 aimed at preventing interaction between sex offenders and children during the holiday.

The judge’s ruling specifically targets the requirement for registered sex offenders to post signs indicating that no candy or treats are available at their residences on Halloween night. The ruling by U.S. District Judge John Ross, delivered on Wednesday, marks a pivotal change in the law enforcement practices starting this Halloween.

The legal challenge to the sign requirement was spearheaded by Thomas Sanderson, a resident of Hazelwood, Missouri, who is listed on the Missouri State Highway Patrol’s sex offender registry as a Tier Level II offender. Sanderson’s lawsuit last year argued that the sign mandate infringes on his First Amendment rights by compelling him to express a message he does not support.

Ross permanently enjoined state officials from enforcing this part of the statute, emphasizing the protection of constitutional freedoms over the stipulated Halloween regulations.

Despite this change, the law continues to enforce other restrictions for registered sex offenders on Halloween, including prohibitions against going outside to interact with children and the requirement to keep external house lights off during the evening.

Controversy surrounding Sanderson intensified when police arrested him shortly after Halloween in 2022. Officers accused him of setting up a detailed Halloween display and distributing candy to children, activities that directly contravened the stipulated regulations for registered sex offenders.

Sanderson was added to the sex offender list in 2006, and before 2022, he had reportedly been incorrectly informed by authorities that the statue did not apply to his situation because his conviction predates the enforcement of the 2008 law. Despite these legal clarifications, Sanderson pleaded guilty in April 2023 to a charge related to non-compliance with these Halloween-specific rules for sex offenders.

Each year since 2008, Sanderson is said to have held Halloween activities without receiving any formal or implied warnings that his actions were against the law, until his arrest last year challenged this presumption.

This recent judicial decision not to enforce the sign requirement reflects an ongoing dialogue and legal scrutiny over the balance between community safety and individual rights. While registered offenders in Missouri must still adhere to significant restrictions during Halloween, the lifting of the sign mandate represents a notable shift in how laws governing sex offenders on this holiday are interpreted and implemented.