The California Department of Corrections and Rehabilitation (CDCR) has agreed to permanently eliminate on a statewide basis its requirement that registrants post a sign on their residences on Halloween. This agreement is the result of a lawsuit filed in 2015 by California RSOL and two individual plaintiffs in San Diego and Los Angeles.
“In the past, CDCR placed registrants they supervised and their loved ones in danger of significant harm, even death, by their requirement that registrants post a sign on their residence on Halloween,” stated ACSOL president Janice Bellucci. “This requirement applied not only to individuals who lived in houses and apartments, but also to individuals who lived in cars, tents and sleeping bags.”
As a result of CDCR’s agreement and two prior lawsuits, there is no requirement in the state of California that registrants post a Halloween sign on their residence. The prior lawsuits were filed against the City of Simi Valley in 2012 and the City of Orange in 2013.
“Past Halloween sign requirements were based upon the myth that registrants pose a danger to children on Halloween,” stated ACSOL vice president Chance Oberstein. “This myth has been debunked by several social scientists, who determined that no child has ever been harmed by a registrant on Halloween while trick-or-treating at a registrant’s residence.”
In the Simi Valley case, U.S. District Court Judge Percy Anderson granted a Temporary Restraining Order that stopped the city’s enforcement of its Halloween sign requirement. In his decision, Judge Anderson stated, “The public interest is not served — indeed, it is undermined — by enforcement of an unconstitutional law singling out a discrete, outcast group to speak in such a way that their persons, property, and loved ones may be endangered.
Judge Anderson also ruled, “Because the impact on the public of enjoining this section of the Halloween Ordinance (sign requirement) is likely to be negligible, the Court finds that a temporary restraining order is in the public interest.”