AR: Legislator not afraid to speak out against nonsense Halloween sex offender ban.
Sen. Trent Garner, of Arkansas, sponsored Senate Bill 10, which would make it a class D felony, punishable by up to six years in prison, for a level 3 or 4 sex offender to give candy to a minor or wear a mask or costume around a minor at any “Halloween-related” event.
More ridiculous than the bill (which ignores all studies showing there is no increase in sexual assaults during Halloween) is that it was approved Wednesday by the Senate Judiciary Committee.
But not all legislators were in favor of the bill. Sen. Stephanie Flowers, D-Pine Bluff, committee vice chairman, said “We’re going over the edge, and I’m wondering what’s next… Is there an island you want to put them on?”
Those in Arkansas should urge their senators to oppose the bill.
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This week the WAR members in Missouri had a Lobby Day at our capitol. Prior to that event we put together a letter listing bills that we wanted them to vote against. We sent the letter as well as an invitation to attend our booth during our Lobby Day. There were appointments made by those attending to meet with their legislators. I went with one of our females who is required to register and met with both senator and representative. The good thing was that the tipping point and by that I mean there are a number of new legislators and that is perfect.
Both new legislators were very engaging and asking questions. This female has had an ankle bracelet for ten years. I am a people watcher and it was so enjoyable to have them listen to her story, how it has affected her life and those of her two children (12 and 5 yoa). One of the bills is a prohibition against those required to register from being at athletic facilities which we, of course, oppose. The representative told her she had a very compelling story and told her to go talk to the bill sponsor and he would do the same to try to ‘kill the bill.’ We did try to visit that legislator, but her day was full. We did leave a note with her assistant to contact the registered citizen and speak with that legislator. By the way, that legislator had previously worked for a MO Supreme Court Justice. We even invited the governor. He waved when he went by with his entourage headed somewhere. Awesome day.
Sent the following to Senator Garner ([email protected]):
Senator Garner,
I recently read about your proposal to make it a Class D felony for sex offender registrants to give candy or wear a mask at any “Halloween related event”, as well as your claim that 110 registrants were arrested in a “Halloween sweep” (though deliberately overlooking that nearly all were for technical parole/probation violations and NONE were participating in Halloween activity of any kind).
Empirical research shows that residence and presence restrictions imposed on registrants is already grossly ineffective toward their stated purpose. But regarding Halloween-specific legislation such as your proposal, the threat is non-existent. Since the creation of the United States, there has been only one sex offense committed against a child on Halloween (in 1972) and there hasn’t been another in the 30+ Halloweens between that and the creation of the publicly accessible sex offender registry. Also noteworthy is that the defendant in that 1972 case had no criminal record at the time, meaning the registry and its associated restrictions would not have prevented that tragic event had it existed back then.
There is not one single thing to suggest that children are in any more danger on Halloween than any other day beyond mere hysterics and phantasms put forth by media sensationalism and perpetuated by pandering politicians such as yourself. Laws like this only divert resources away from actual threats, such as trick-or-treaters being injured or killed by drunk drivers.
It is my fondest wish that your future political opponent(s) during the next election cycle can capitalize on the wasteful grandstanding you’ve shown here.
Suggest others follow suit
Well written Dustin !
Good question what’s retroactively next. seems to me you could sue for defamation. Just because your an SO doesn’t mean your into kids. Courts can’t restrict those on probation from drinking if thier charge is not alcohol related. SO registry is therefor worse than probation where they can tag collective punishment onto what ever this is we’re doing making it impossible for the public to discern exactly what kinda person you are stopping you of all rights. statistically any felon, cop, teacher, doctor, preacher, yada yada is just as likely to like kids as any SO that doesn’t have a crime against kids.
Is it true in Florida that they can’t prevent you from drinking alcohol if it is a non-alcohol-related offense? in Washington any one on probation is prevented from drinking alcohol.
The thing about probation is you’re technically still in custody we call it community custody
@registrant
Mostly true.
One of the stipulations to Florida probation is to not consume alcohol in excess…
it’s a very broad interpretation as to what excess is however.
I was in the Committee room when this happened. One of our legal allies raised several questions about the constitutionality as well as the wisdom of this bill. A lobbyist for small retailers in Arkansas raised some more questions, including whether a registrant-employee selling Halloween goods would run afoul of the new law, if enacted.
When the CEO of Arkansas Time After Time spoke about the virtual nonexistence of registrants’ attacking/molesting children on Halloween, Garner went online with his cell phone and rebutted with an article he found, citing “110 s*x offenders arrested in Halloween sweep”. Despite the concerns of Senator Flowers, this tactic resulted in the bill getting a “do pass” recommendation.
However, Garner pulled a fast one. When we checked the article a little later, the report plainly stated roughly 3-5 registrants were arrested for having child porn; several had illegal drugs; many more were arrested for technical violations.
NOT ONE OF THE 110 ARRESTED REGISTRANTS HAD BEEN PARTICIPATING IN ANY HALLOWEEN ACTIVITIES.
Garner purposely refrained from giving the full story, which would have demolished all his earlier claims. Instead he relied on the headline alone, using it as a scare tactic. Sadly, due to Committee rules we were unable to confront Garner, and tell the truth, the full story.
Kudos to Senator Flowers for her raising doubts and concerns, for recognizing the growing stupidity, and political opportunism, these laws too often present in this state.
A barrel of rotten fish to Garner for his embracing political opportunism, making him look oh-so “tough on crime”.
This is a valuable post. It is superior to Associated Press in illustrating what really happened. And it goes to show how headlines can be instrumental, not just as clickbait for news outlets, but in frightening lawmakers into creating bad laws.
I have written to Sen. Stephanie Flowers to thank her for speaking out against this onerous law. Her voting against this will not make her very popular in some circles but she needs to know that some of us appreciate her actions. I am not a sex offender but I agree that many of these laws have gone way too far and are unconstitutional.
Candice – can you share the contact information of Sen. Flowers in case any of our members want to thank her as well?
Here is her email from Arkansas legislature list: [email protected] This is the link to her profile: http://www.arkleg.state.ar.us/assembly/2011/2011R/Pages/MemberProfile.aspx?member=S.%20Flowers
She is more courageous than any of our Florida legislators.