[JURIST] The US Court of Appeals for the Eighth Circuit [official site] on Thursday upheld a Missouri state law [SB 714 s. 589.426 text, PDF] designed to prevent registered sex offenders from participating in Halloween activities. The law requires sex offenders to post a sign reading "No candy or treats at this residence," turn off porch lights, avoid Halloween-related activity with children, and remain in their homes on Halloween between 5:00 PM to 10:30 PM unless there is just cause to leave. The decision overturns a ruling [JURIST report] by the US District Court for the Eastern District of Missouri [official site] on Monday that found that two provisions of the law were too restrictive and could not be enforced. Missouri Gov. Matt Blunt [official website] praised the Thursdays decision in a statement [press release]:
As Missouri's governor I have signed tough legislation to increase the penalties for sexual predators, particularly those who commit crimes against our children. I am pleased that the court ruled that our new provisions to protect Missouris children from sexual predators on Halloween can be enforced.AP has more.
The federal courts decision breaks a judicial trend towards overturning sex offender laws found to be too restrictive. Georgia, New Jersey and Indiana [JURIST reports] are among the states that have recently overturned laws. The increased scrutiny stems in part from a report [text] by Human Rights Watch [advocacy website] in September 2007 that said it is unclear whether sex offender laws do more harm or good."