State law would restrict sex offenders on Halloween w/ JPD Chief Lane Roberts interview audio

By Jeff Lehr

jlehr@joplinglobe.com

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.”