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.

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