The Appeal: When Handing Out Candy To Trick-or-Treaters Means Risking Arrest
Lawyer seeks end to Halloween restrictions that target people convicted of sex offenses.
Before the police apprehended Steve, he tried to kill himself by cutting his wrists, he told The Appeal. Then 20 years old, he had attempted to sexually assault a 12-year-old girl in California.
“I couldn’t believe I had done that,” said Steve, whose name has been changed to protect his identity. “I felt I couldn’t live with myself.”
He spent three years in prison, and after he was released, stayed in California. He married, had two children, and found a career. “I made a decision that I’m going to try to be the best person I can be the rest of my life,” said Steve, who is now in his 50s.
But as a sex offender registrant, his past was never far behind him. In July 2012, Steve’s wife was reading the local paper and saw that people on the sex offender registry in Simi Valley, California, where they lived, would have to post “No Candy” signs on their homes on Halloween to, theoretically, limit their contact with children.
Registrants can be subjected to a range of restrictions, depending on the state, county, or city. They can, among other things, be banned from entering parks or their child’s school, or from living within a certain distance of a school or daycare center; registrants are often required to have their photos and addresses available in online databases.
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All if which is de ex facto punishment, and Unconstitutional discrimination.
We all must remember that when we start exercising our Constitutional rights we are dealing in an area foreign to many of the ‘do-gooder’ bureaucrats. It will blow their minds…assuming they have minds.
Captian,
CONGRATS on being released from the “Nazi Concentration Camp”.
I hope now you can live your life as free as you can.
I do not plan to back away from the ‘mission’ until all citizens can experience their rights as envisioned by our founders.
That’s good news for us Unwanted humans
You got Brevard County, Florida, to a “T”. Actually, I’m a ‘chocoholic’ so I keep my candy to myself…except when I share peppermint patties with my granddaughter.
Thank You for this article. I live in Missouri which as stated has this draconian law also. Which puts a bulls eye on your house on the night of the most vandalism of any day ,or night of the year. We are required to sign a paper ahead of Halloween stating we are aware of the law. Even though it has been successfully fought in court when they determined it could not be enforced retroactively “ex post facto “from the signing of the bill which was about 2008 I think. But that doesn’t keep police from trying to enforce it anyway. It’s not law enforcement ,it’s fake news enforcement. My wife has to try and maneuver around the house in the dark in her wheelchair on that evening. What insanity.
I can only speak for myself and what I have done with this Halloween thing for the past 5 years.
I learned that laws that were enacted after 2004 do not apply to my situation. (Convicted 1995) I can go into parks to walk my dogs, frequent businesses that are within 1,000 feet of a daycare.
I also found out, and as I have done FOR THE PAST 5 YEARS (seeing that I am off “paper”), when the police show up with that stupid looking orange pumpkin and DEMAND that I MUST put it on my front door—or else….
I take the sign, crumple it up and throw it in the garbage—IN FRONT OF THE COPS.
The BSO then “threatens me” with parking a cop car in front of my house; with lights on; and will announce to every passer-by that a Sex-Offender lives there.
For the past 5 years, not ONE cop car has ever parked in front of my house, or even driven by my house on Halloween.
I DO NOT hand out candy at my house.
I have even been accosted with the BSO telling me that I have to shave my beard from Thanksgiving till Christmas so I dont give kids the “impression” that I look like “SANTA”. I told BSO to “pound sand”, that they cant dictate how I must look.
AGAIN, this is what I have done for the past 5 years. I DO NOT recommend that anyone do this unless you seek legal advice and want to stand up for your rights.
Hey Sean, way to go! F them all. It is nothing but public shaming and “legal” harassment of American citizens who have paid their debut to society and are yet never allowed to move on.
We ALL have to push back as hard as you are doing! We ALL need to show them that we are not spineless dishrags. If you tease even a friendly dog they will eventually defend themselves and BITE!
Bend Over—
This is only ONE of the things I do to excersize “my rights” and to stick it to the cops.
My 3 month check cop is SOOOO po’ed at me because I am now signing my registration forms, on the last page like this….
EX-POST FACTO
(signed under duress/ and with prejudice)
…vc My Full Name
It lets them know that this is an illegal document– that I am under threat of arrest if I DONT sign this illegal document.
And the …vc Full Name — is latin for something like via coactus. In other words, I am signing this under threat of illegal detainment and this document cant be used against me.
AGAIN, CONSULT LEGAL ADVICE BEFORE ATTEMPTING.
Websites:
cornell.edu
harvardlaw.edu
What county you live in I did not know that
Does Florida have Halloween restrictions in place for those on the registry ?
It surely does. Must have lights out and not answer the door. I usually go to a movie and dinner. By the time I get home it’s over. I have never been much of a Halloween fan anyway.
Certain Counties do – others don’t.
My conviction was in 1991 in Broward County and had 3 months left of probation when the registry was created.
Last year moved to Indian River County and bought a house. Started swimming daily at the local County Aquatic Center. Paid my membership and began swimming laps daily for exercise. This 62 year old was on track to swim over 500 miles this year, lost 15 lbs of fat and happy as can be. My only complaint is that Indian River County charges me $25 in cash every 6 months to update my registry.
In early July while swimming laps at the pool a deputy walks up to my swim lane and asks me my name. After telling him, he said I need to grab my gear and come with him. He took me in the Pool Managers office and informed me that there was a complaint that I had touched a little girls hair! I said no way, not true, as usual I am here to swim laps in designated lap lanes and have had to contact with anyone. He said the grandmother of the girl said she saw me and what reason would she have to lie? In his hand was a copy of my picture from the registry and I told him probably the reason this lie was made up was because of the piece of paper in his hand. The County pool manager, David Smith, said he does not want me on the property any more. The deputy said that since there was a “he said she said” conflict that he was going to issue a no trespassing warrant on me and I was never to return to the pool again. I asked if that was legal and his reply was, “Either that or I can arrest you and you can dispute it in court.”
I told him that it was a lie and the pool has video that can verify that I never touched anyone but the pool manager was not willing to look at the video cameras that record when the pool is open. With no other choice i packed up showered and left for home. I emailed David Smith the manager and let him know that he could refund the balance of my unused membership back to the credit card it was charged against. He notified me that there would be no refund since I broke agreed upon rules. I disputed the charge with my credit card company and they refunded the unused portion back to me. It was $26.50 !! 🙂 It was the principle not the amount that mattered.
The only good thing was that while talking to the deputy and David Smith in the office, David asked the deputy why I was even allowed to be here since kids were here? The deputy explained that I had absolutely no restrictions and could actually legally work at a daycare center except that the registry would prevent that from happening. I can live anywhere I want, work anywhere I want and go anywhere I want since I have no restrictions.
I expect the halloween restrictions would not apply to me but I will not take any chances and not be home that night. Will spend time with friends who are aware of my registry and help them hand out candy from their home in town. I live out in the country so unlikely anyone will be trick or treating anyway. My church knows of my registry and I am very involved with the fall festival we have each year at the church on Saturday.
Keeping fingers crossed and prayers lifted up that the Florida expo facto law is heard soon by the Supreme Court and this nightmare will end for me.
As RSO’s our primary responsibility is to set a good example and prove the naysayers wrong to the n’th degree. Everytime I hear of a sex offense on TV or read about one in the newspaper it makes my blood boil. Of noteworthiness is that the vast majority of these offenses are done by someone not on the registry. I was recently released from probation. Prior to that I had a psych eval that put my risk level to reoffend at 1.9%. The average ‘Joe’ on the street who has never had an offense has a 3.8% chance of offending. It’s wonderful to be free again!
https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIXPUSA_CH685SEOFSEPRRE_S685.104PRACSEOFSEPREX
FAC, this ordnance also has a confusing clause:
“(4) The following is a list of exemptions for Sexual Offenders or Sexual Predators from this section. During any nationally or locally recognized holiday or seasonal event or practice:
(iii) The Sexual Offender or Sexual Predator is not present at the event location although such location may be owned, leased, rented or occupied by such person.”
FAC, does this mean I do not have to turn off my lights or put the sign up if I will not be home on Halloween night?
YES – or anytime that you have decorations out.
FAC, your answer has confused me. My question was:
“Do I have to turn off my lights or put the sign up if I will not be home on Halloween night?”
Well take any legal suggestions with a grain of salt, as you are the one who would face the consequences, and all law is open to interpretation on some level. If you are concerned, CYA. Call the Jacksonville PD. Keep in mind that even they can be wrong in their interpretation, but ultimately they’ll be the ones deciding whether or not to enforce their interpretation.
That said, from the structuring of the ordinance, the registrant is exempted from Sec 685.105 (the section prohibiting lighting and requiring the “No candy or treats here.” sign) if any condition of 685.104 (a)(4) is met. (iii) seems to exempt an registrant who is not home.
Thanks WD.
FAC, appreciate how, as part of your mission, you help people comply with the law. Could you clarify the statement above?
FAC seems to be lending us a deaf ear on this one!
Depends on your county and if you’re on probation. I’m not on probation and my county has no such restrictions. The state also doesn’t have any restrictions for registrants post probation. There was a Florida news article a while back of a registrant on post probation trick or treating on Halloween with his own kids, and his meddling neighbors called the police on him. When the police came and questioned him, they couldn’t touch him ( he wasn’t on probation and he was with his own kids ) . Cops told the man and his kids to have a safe Halloween. I myself don’t really care for Halloween, but the year I got off probation, my family and friends invited me to a big Halloween party on their neighborhood block and I’m glad I went because it was a lot of fun. No incidents and no BS of any kind.
Other than that, I stay home on Halloween and turn off my lights – even with no restrictions. I just don’t like people knocking at my door at night and I have to come to the damn door every 5 to 10 minutes. Some of my neighbors turn off their lights too because they don’t want to be bothered especially when Halloween lands on a work week night or because some are Christians and don’t celebrate Halloween.
John, in Duval County (Jacksonville), yes. We have to put a sign in our front yard or apartment door stating “No candy or treats here” from 6:00 a.m. to 11:59 p.m. It used to be from 5:00 p.m. but I suppose that wasn’t enough shaming so they made it all day. Seriously, what other rationale could there be? Who takes their kids trick-or-treating at 6 f#cki*ng am???
https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIXPUSA_CH685SEOFSEPRRE_S685.104PRACSEOFSEPREX
FAC, this ordnance also has a confusing clause:
“(4) The following is a list of exemptions for Sexual Offenders or Sexual Predators from this section. During any nationally or locally recognized holiday or seasonal event or practice:
(iii) The Sexual Offender or Sexual Predator is not present at the event location although such location may be owned, leased, rented or occupied by such person.”
FAC, does this mean I do not have to turn off my lights or put the sign up if I will not be home on Halloween night?