16 States Urge U.S. Supreme Court to Hear Missouri Halloween Sign Case
Today, a coalition of 16 states, led by Iowa Attorney General Brenna Bird and joined by Florida Attorney General James Uthmeier (of course), filed an amicus brief urging the U.S. Supreme Court to hear Hanaway v. Sanders (the case that challenged Missouri’s law requiring individuals on the sex offender registry to post a sign on Halloween stating, “No candy or treats at this residence.”) Note that this was the case that ACSOL attorney Janice Bellucci won. The brief argues that the requirement is a factual public safety notice that regulates conduct rather than speech and therefore does not violate the First Amendment.
While additional amicus support can sometimes signal broader interest in a case, this particular filing is unlikely to move the needle very much. The brief largely repeats the arguments already made by Missouri, characterizing the sign requirement as an incidental burden on speech and relying heavily on established compelled-speech and conduct-regulation cases.
More importantly, the Supreme Court receives thousands of petitions each year and grants review in only a small percentage of them. A dispute over a Halloween sign requirement—however important it may be to those directly affected—may simply not rise to the level of national significance the Court typically looks for when deciding which cases to hear.
That doesn’t mean the petition has no chance. It does mean it’s probably nothing to lose sleep over. At this point, the filing of another amicus brief is just one more step in the certiorari process, not an indication that the Supreme Court is likely to take up the case.
You can read their brief here: Sanderson v Hanaway Halloween Amicus
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Denying decoration and leaving food (light to guide the spirits and food for the journey) for the dead is a direct infringement of some ours religious beliefs. Paganism, being one of the oldest religions. The religion that Christianity is largly based on and created from.
I distinctly remember when Jacksonville / Duval County enacted the Halloween sign ordinance. They made me sign a document stating that I acknowledged the ordinance was unconstitutional and but still had to abide by it anyway or face arrest. These were days when there was no Florida Action Committee and we were all totally alone. The whole experience felt coerced and I wasn’t given a choice. I wish I had kept a copy of that form! Being compelled to agree to an unconditional ordinance felt wrong but I just signed it and left. Things are still overwhelming and hard, but at least we have each other and steady progress is being made! Thank you FAC for this excellent update!!!
One would hope that if SCOTUS ever took this up that we’d have a chance for a major win. Also when does Uthmeier’s reign of terror end?
These ones try to twist the law to suit their own personal political aspirations.
They preach a message of government-sponsored hatred and revenge that is thinly veiled under the guise of “public safety”!
They twist and pervert the law to their own selfish ends!
(And they call US perverts!)
Pigs!
Of course it’s all states that claim to be for small government that writing these letters. Hypocrisy is at full throttle.
Because to be on the registry is un popular so everyone is a danger to the children in the public so it is okay violate anyone’s rights listed on the registry
While this is not here this hits home for I can not give candy out and supposed to put sign saying no cany via county ordinance. Decoration according to them lure children
To clarify, is anyone still instructing you to post a sign on Halloween?
cannot put up child-enticing outdoor decorations because the local Hernando County ordinance applies to all registered sexual offenders and sexual predators, regardless of whether you are on active probation. While state-level probation restrictions only control individuals under active supervision, Hernando County’s local county-wide ordinance (Chapter 21) legally binds any registered offender living in the county.
Hernando County explicitly bans specific “seasonal or holiday displays” on the exterior of any sexual offender or predator’s premises, including:
Inflatables, holograms, or digital light projections.
Interactive displays or displays over six feet high.
Decorations that line a path or walkway leading to the front door.
Displays featuring fictitious characters (such as cartoon ghosts, witches, or popular movie monsters).
But not a sign that was only on probation not on that anymore but yeah seems like still am
5 out of the last 6 years I had to post a sign saying ” No tricks, No treats”. Probation officers made me hang the sign on my door and I love in a very rural area. Last year was the first time.e I didn’t have to have a sign. I have a different probation officer, that may have helped, but I still hear that some of the probationers in Tallahassee have to put up a sign
FAC
I have no restrictions on passing out candy. Having said that, doing so would be one of the stupidest things a registered person could do, as it takes just one false accusation of a parent swearing that their child was (Fill in the blank of whatever thing that could go wrong). Just my opinion and not bashing anyone who wants to hand out candy but is it really worth the chance?