JEFFERSON CITY, Mo. (KFVS) – Registered sex offenders used to put up a sign that read “No candy or treats at this residence” to warn off pranksters.

However, a Missouri man recently won a lawsuit challenging the law, so those signs won’t be needed this year.

On a holiday where kids are encouraged to take candy from strangers, Missouri has some extra laws for sex offenders. Under Missouri law, they have to turn off all their lights after 5 p.m., they can’t put up Halloween decorations or attend Halloween events with the kids.

But a federal judge struck down a law that would have required them to post signs discouraging trick-or-treaters. The judge ruled that the law violates the right to free speech of those on the sex offender registry.

The lawsuit was filed on behalf of a Hazelwood man convicted of sodomy two years before the sign law went into effect. He was under the impression he didn’t have to follow the rule because he was convicted before it took effect and continued to host Halloween parties and put up decorations, according to the suit. He was arrested in 2022 when the police saw that he was not following the sign law. His lawyers say the signs make sex offenders a Halloween target.

Missouri has an unusually high number of sex offenders per capita. There are 427 registered sex offenders per 100,000 Missourians, making Missouri the sixth-highest number of registered sex offenders per capita in the country, according to the data. safe house

Tara Bishop runs a Facebook page called “Child Predators Exposed.” She is disappointed by the ruling, saying it prioritizes the rights of convicted sex offenders over children and victims.

“I don’t feel that someone who has been convicted of these types of crimes should have the same rights as the rest of us when it comes to warning the public about this behavior,” Bishop said.

However, the Association for the Treatment and Prevention of Sexual Abuse says the risk to children of trick-or-treating is lower than described because 93 percent of sexual abuse is committed by someone the child knows.

Former county attorney Bill Tackett tells me the legal argument in this case is complicated. Unlike most free speech cases, Tackett points out that this suit calls for the freedom not to say something, rather than the freedom to say something.

“They’re going to have to weigh the potential harm to a trick or inspector against the freedom of speech to not make a statement,” Tackett said.

The Missouri Attorney General’s Office has filed a notice of appeal in the lawsuit.

“I want Missouri to be the safest state in the nation for children. That includes Halloween,” said Attorney General Andrew Bailey.

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