SALEM, Mo. — We are now just 8 days away from Halloween and one local sheriff’s office here in the Ozarks wants to make it a safe night for all the kids going door to door. That’s why the Dent Co sheriff’s office wants a particular group of people to put a sign outside their home.
The Dent County Sheriff’s Office is asking all the registered sex offenders in the county and especially those inside the Salem city limits to put this sign reading, no treats or candy at this residence, somewhere outside their home for everyone to see on Halloween.
The posting of the sign is a law that all sex offenders under certain sections must abide by.
Currently there are 62 registered sex offenders in Dent County and 16 of those live inside the Salem city limits.
The sign must be visible for all to see.
“They can make their own sign. The statue just says that they have to post a sign and the sign says no treats or candy at this residence. There’s no requirements how this message is presented. All the statue says is they have it on the outside of their residence. There’s no location requirements or anything of that nature,” Whitney Capps with the Dent County Sheriff’s Office said.
Unbelievable. 😖
I would Not post any sign. For what? Arrest me. We’ll fight it in court. I’ll win hands down.
Noticed they only quoted one citizen supporting the this effort. Wonder if we can read into it that others that were spoken with by this reporter voiced that the effort is particularly stupid. Betting so…
I’m very open minded, but this is sick! What else will they think of? Ie: can’t go to the mall? Children’s related movies? Beach? Certain cross walks? Children’s stores? I live in OC! I live in both a very upscale and nice area where I’ve read certain cities are very tough on crime, but yet we have massage parlors that have remained open for years that offer handjobs, blow jobs, NURU massages/nude massages, full sex and the women working in these establishments walk around have naked or like street walkers that you see in movies! I would say that there are like maybe (min) 6-7 of these establishments within 6-7 miles from me? One of the cities was the 1st to fight the Sanctuary City laws here in OC? The 2 massage parlors in this city are probably within 2-3 miles (same street) of City Hall? Hypocrites? The other establishments (1 in particular) is located across from a Church and within 1/2 mile from a pre school? I’m still in shock!
This is compelled speech.
In the following video news clip at the International Megan’s’ Law protest at the Federal Courthouse in Oakland, CA, when Janice Bellucci was interviewed by ABC 10’s Lilia Luciano of Sacramento. She makes a valid point:
“So when most people think about the First Amendment, all they think about is the right to say something but you also have a right to be silent and the fact is with this law you cannot remain silent about whether or not you’ve been convicted of a registered sex offense and whether or not you are quote “like to engage in child sex tourism”. So the government is basically sending notices to our government, to foreign countries saying you are likely to engage in child sex tourism.” — Janice Bellucci, IML Oakland, 2016.
https://youtu.be/K7OWomQGa-U?t=107
This is my understanding: There is no State Law or municipal code that can constitutionally compelled speech, especially without our Constitution’s ex-post facto clause:
Article I, Section 10, Clause 1, of the U.S. Constitution prohibits retroactively altering the definition of a crime, increasing punishment for a criminal act or punish conduct that was legal when committed.
While posting a sign itself is not currently considered “punishment” with a likely excuse that it is part of community notification, this was not within the law at the times of convictions of these people affected by the current rules. This definitely falls under government-compelled speech, a violation of the First Amendment.
If i were a registrant or a family member affected by these rules set out by local government bodies, i would record trespassing by persons who place the sign, getting as much information as I could on them, license plate, car, faces, etc. Try to get them on video with a statement of why they are doing it. (I’m just doing as i’m told, et cetera). I would also go ahead and receive the violation of my rights, then i would consult with a constitutional rights attorney who knows something or two about sex offender laws and work to take this to court. I would not settle either, to make sure a ruling has an effect beyond myself.
it is illegal to order RC who are off paper to stay home?
I would really like the stats of how many children are injured or killed by drunk drivers this Halloween, how many minors overdoes on drugs or alcohol, how many dealers are arrested for selling to minors, how many cases of child abuse in the home are reported and compare it to how many people on the registry offend minors this Halloween. I am sure that would be a very sobering statistic. I thnk if that were posted in in the media for all to see things would change. So I guess that’s why it won’t get done.
http://revisor.mo.gov/main/OneSection.aspx?section=589.426
589.426. Halloween, restrictions on conduct — violations, penalty. — 1. Any person required to register as a sexual offender under sections 589.400 to 589.425 shall be required on October thirty-first of each year to:
(1) Avoid all Halloween-related contact with children;
(2) Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies;
(3) Post a sign at his or her residence stating, “No candy or treats at this residence”; and
(4) Leave all outside residential lighting off during the evening hours after 5 p.m.
2. Any person required to register as a sexual offender under sections 589.400 to 589.425 who violates the provisions of subsection 1 of this section shall be guilty of a class A misdemeanor.
Write it on a matchbox and thumbtack it to the back door. – there are no sizr or location requirements. – then take a picture to protect yourself.
I Live in Buchanan County Mo. inwich is known as the city of, Saint joseph and they require every registered citizen to Place a sign on there door and be in with lights off outside between the hrs of 5 and 10:30pm on Halloween now Im not on paper off paper now 11 yrs and conviction 16 yrs old Long before most of these civil regulation type laws I have spoke with a couple attorneys and still looking for one who will file a civil suit against the county for rights violations not looking to go to jail I have complied for many years and will until told dont need to but this years violations I am looking to make them pay for attorney referrals would be appreciated
Does anyone know, at what point are police or policy makers not protected from prosecution for violating a person’s constitutional rights? If they just claim they are doung thier job or protecting the public, can they get away with anything short of beating or detaining you?
Love the town name…Salem.
totally ILLEGAL.. its called COMPELLING SPEECH !
Thanks for all of the similar court cases as well as the information on the pro bono group. I am in Missouri and my spouse went on the registry a year ago; we are currently living apart (residence restrictions and he was kicked out of his home of almost 20 years) until our youngest graduates from high school this year. I am not looking forward to having to place a sign on the door. Once he gets off probation, I can assure you that what I place on the sign will not be nice. I am documenting this information and will be using it once he is off probation. I plan to be screaming about the injustices of this as soon as I can. Probation, a child in high school, and a job in the public eye are the things keeping me from it now.
Actually, this is what happens in Missouri. This law was actually ruled unconstitutional as applied retroactively, and then, guess what, now they can still enforce it. Because that’s what happens in a state that doesn’t have an organization like ACSOL and attorneys like Janice, etc. who fight for human rights.
The ACLU in Missouri doesn’t give a F**K about registered citizens. Also, it looks like in Missouri they now have a 3 Tier law and they can just label anyone they want a Tier 3 – even if all they have on their record is a single Misdemeanor. And what can registered citizens in Missouri do about all of this abuse??? NOTHING unless they have LOTS OF MONEY. That’s because the private attorneys in Missouri all seem to want HUGE RETAINERS just to look into your case. And, gee, for some reason, registered citizens don’t seem to have a lot of money laying around. I wonder why that is????
This entire rant is to say that ALL OF YOU in California had better thank your lucky stars that you have Janice, Chance, and ACSOL around BECAUSE THEY HAVE YOUR BACK!!!!
Because in Missouri (and probably a bunch of other states), nobody is here for registered citizens – unless of course you’re rich!!!!