Many states have laws designed to keep children away from convicted sexual offenders on Halloween night, such as curfews for those on offender registries and requirements to keep their porch lights off.

But a Missouri law mandating a yard sign was a step too far, a judge ruled.

A 2008 law required registered offenders in Missouri to post signs on Oct. 31 that read, “No candy or treats at this residence.” U.S. District Judge John Ross, appointed by Barack Obama in 2011, ruled this month that the provision violated the First Amendment by forcing “compelled speech,” depriving those on the registry “of their freedom to speak in their own words or to not speak at all.”

The ruling lets stand other provisions of the Missouri law that require people on the registry on Halloween to remain inside their home from 5 p.m. to 10:30 p.m. and to leave their outdoor lights off.

“I feel like it’s a setback and another example of predators’ rights kind of trumping those of their victims,” said Tara Bishop, a 40-year-old mother of four from southwestern Missouri who operates a Facebook page called Child Predators Exposed with more than 10,000 followers.

Janice Bellucci, the lawyer for the Missouri man who challenged the law, said that for those forced to place the sign, the damage is long-lasting.

The lawsuit was filed on behalf of Thomas L. Sanderson of Hazelwood, Missouri, a St. Louis suburb. He was convicted of second-degree sodomy in 2006 after a 16-year-old family friend accused him of sexually touching her. Sanderson, who has maintained his innocence, was sentenced to two years in prison and required to register as a sexual offender for 25 years.

The Missouri Halloween law was adopted two years later. It is unclear how many of the state’s approximately 26,000 convicted sexual offenders have been charged for violating the statute, or how stringent enforcement has been.

The lawsuit said Sanderson asked police if he was subject to the law because his conviction happened before its passage. He said he was told he was not, so he continued to host Halloween parties complete with animatronic figures, lights, a bonfire, music and candy, the lawsuit said.

But the lawsuit said that on Halloween night 2022, police arrived at Sanderson’s home. No sign was posted, and he was arrested. He pleaded guilty to a misdemeanor for violating the Halloween statute and received probation. He sued last year.

Missouri Republican Attorney General Andrew Bailey’s office, in court filings, wrote that the state is duty-bound to protect children who can’t make adequate decisions on their own. Bailey’s office said an appeal is planned.

“I want Missouri to be the safest state in the nation for children. That includes on Halloween,” Bailey said in a statement.

The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.

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