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
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
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.
Nice Charles. You are oh so correct!!
Richard
I can understand if we were all on probation because they can do so much more to us when still under the department of corrections. Having said that, off of all paperwork and having done our time, we sure as Hell have a lot more restrictions now off paper than when I did on probation, some 20 years ago.
They are bending the rights most people have. I understand we will always have a felony record even after getting off the registry (If ever). But continuing to add on made up restrictions every year for people who have completed their sentences just does not make sense as far as the supreme court is concerned. But they seem to look the other way and allow burdens beyond anything I have ever seen in my life other than Iran, Russia, Cuba or other countries that just can do whatever they want to their citizens.
Freedom is not free, but denying freedom at some point is preposterous for those who have served their time and not committed any new crimes, especially decades after their sentences were completed. We seem to be the lepers of the new generation.
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!!!
None Ya
Thank you for reminding us that at the beginning, there was no F.A.C. Back then we had no idea what to do and even lawyers back then didn’t really know how to take on this new scheme. I was in the very first batch in 1997 to be applied to the registry and have been on it since.
We were basically on our own and I will tell you, even the registration offices didn’t really know what they were doing at first. I was on probation at the time and the sheriff’s office where I lived at the time were so hateful to me that I end up crying which is embarrassing. It was like I was a war criminal or something.
Once off probation I moved to another county and have been here now for over 20 years without a single issue with law enforcement, but for a while the neighbors were giving me grief. Now everyone just “Tolerates” me, but some have actually become my friends. Neither I nor them have spoken about me being registered but sure they all know due to the nosey rosies on the street.
Finally, I thought over the year’s things would get better, but since the lawmakers have become embolden to pile more and more restrictions on us each session, we are having to tip toe through the roses, hoping we do not step on one of them.
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
My state of Nebraska is part of this. I’m so embarrassed.
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
Ryan
How about Christman decorations? Things like a nativity scene should be covered by the freedom of religion act to display under the constitution. Do we just lose all of our freedom on the registry? Really seems like it. When I was on probation, I had to have my mom go with me to the grocery store just so if someone tried to make up a story to get me re-arrested, I had a witness.
Seasonal or holiday displays. Yes seems like we lose rights on the regiatry
There’s no statewide ban on seasonal or holiday displays, but registrants should check their county ordinance.
The county ordinace got me. I do not want any issues so I do not even though I love to decorate not to entice children but to make my home as pretty as the rest on the block.
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?
Jack,
Totally agree with you. I am pre registry as well, however ………. I make sure I do not do things, even though I can, that will cause scrutiny on myself. I have lived in the same house since i bought it 200. Guess what, I don’t hang Halloween decorations nor do I pass out candy. Why, never celebrated Halloween in my life; no reason to start now. Christmas decorations sure. 4th of July sure. Same thing at church when my shorties were younger, could I have picked them up from SS, sure did I, Nope.
Like you said, just because we can does not mean we should. Other people’s perception is their reality: True or Not it is still their reality.
Being Pagan, I just would like to put a candle and a sandwich out for Halloween, but am banned from having outdoor lights on during Halloween. The candle is to light the way and the sandwich is a meal for the passing spirits.