Four sex offenders sue over new Halloween rules

The American Civil Liberties Union has filed a lawsuit against Missouri authorities seeking relief on behalf of several registered sex offenders over certain restrictions new state law registration places on their Halloween activities.

The lawsuit challenges a statute that became effective in June requiring registered sex offenders to avoid all "Halloween-related contact" with children, stay inside their residence between 5 and 10:30 p.m. Oct. 31 and post a sign outside stating "no candy or treats at this residence."

All four of the plaintiffs in the suit, which includes one woman who lives in Cape Girardeau, have either custody of their children or regular contact with child relatives.

The reasoning behind the suit is twofold, said Anthony Rothert, an attorney handling the case for the ACLU.

First, Rothert argues that the law violates ex post facto clauses in both U.S. and Missouri constitutions preventing punishment for crimes committed before the law was enacted.

"We believe confining someone to their house is a punishment like house arrest," Rothert said.

The second complaint the ACLU has involves the "vague and unclear" wording of the statute, he said.

Describing activities as "Halloween-related" doesn't offer any definition of what those would be and allows for a broad interpretations, making it impossible for his clients to know what they are and aren't allowed to do with their children as far as celebrating Halloween.

It could be anything from putting a child in a Halloween costume to hosting a Halloween party, Rothert said.

The lawsuit names Gov. Matt Blunt, Attorney General Jay Nixon and several police chiefs and prosecutors form the jurisdictions where the plaintiffs live.

Because one of the plaintiffs is a Cape Girardeau resident, listed as "Jane Doe II," in the suit, Cape Girardeau County Prosecuting Attorney Morley Swingle and Cape Girardeau police chief Carl Kinnison were named in the suit, as the officials responsible for enforcing the law in that jurisdiction.

The offense occurred in St. Charles County, but the offender is now a resident of Cape Girardeau, Swingle said.

"We're really not surprised that sex offenders are now suing the governor for making it more difficult for sexual predators to hurt Missouri children," said Jessica Robinson, spokeswoman for Blunt's office, cited Blunt's support of legislation to crack down on sexual predators.

Because the lawsuit seeks injunctive relief, not monetary damages, the desired result would be the court preventing the challenged portions of the new law from being enforced, Rothert said.

bdicosmo@semissourian.com

388-3635

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