ST. LOUIS – Missouri sex offenders are no longer required to post “No candy” warning signs outside of their homes on Halloween after a federal judge ruled part of the state’s Halloween law as unconstitutional.
Under Missouri law, specifically a state statute first enacted in 2008, registered sex offenders cannot go outside to interact with children, cannot have outside lights on, and are required to post a sign stating “no candy or treats” are available at the home on Halloween night.
Starting this Halloween, due to a federal court ruling on Wednesday, the sign requirement will no longer be enforced under Missouri law.
U.S. District Judge John Ross struck down that provision and ruled officials were “permanently enjoined statewide” from enforcing the sign requirement.
The ruling follows a legal challenge involving Hazelwood resident Thomas Sanderson and Missouri Attorney General Andrew Bailey. Sanderson filed a lawsuit last year arguing that the sign requirement violated his First Amendment free speech rights. He alleged it forced him to make a statement to which he didn’t agree.
Police arrested Thomas Sanderson just days after Halloween in 2022, noting that Sanderson had set up a large Halloween display and handed out candy to children. Sanderson is listed in the Missouri State Highway Patrol’s sex offender registry list as a Tier Level II offender.
Sanderson has been listed on the Missouri sex offender registry list since 2006, and a Tier II designation means he is required to complete a 25-year registration requirement. Missouri’s statute for Halloween laws took effect in 2008, after he was registered as a sex offender.
The lawsuit alleged that, prior to 2022, authorities informed Sanderson on two separate occasions—2008 and 2012—that the statute didn’t apply to him because his conviction came before Missouri adopted its current Halloween statute. Sanderson has held Halloween festivities every year since 2008 and never received a “written or verbal notice that the statute applied to him,” according to the original petition.
Sanderson pleaded guilty to one charge of “failure to comply with Halloween-related restrictions for sex offenders” in April 2023, according to Missouri court records.
Wednesday’s federal court ruling means that registered sex offenders in Missouri are no longer required to display a warning sign on Halloween, though must follow the other provisions about staying inside and turning off lights.
It’s unclear whether Missouri Attorney General Andrew Bailey may attempt to appeal the law. FOX 2 has requested comment from the Missouri Attorney’s General Office on the federal ruling, but we have not received a reply as of Saturday.
